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HomeMy WebLinkAbout5-15 Town of North Topsail Beach................ ....... .-------------- Permit. Class Permit Number NEW 5-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit �oPY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 RECEIVED Excavation and/or filling pursuant to NCGS 113-229 JAN 26 tr 4 DCM-MND CITY Issued to Town of North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow, County Atlantic Ocean 4030 Island Drive, North Topsail Beach , as requested in the permittee's application dated 8/25/14 including the attached workplan drawings (3) all dated 8/25/2014 and AEC Hazard Notice dated 8/26/14 This permit, issued on January 15, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may M SLLUJCUL rU 1"Irb, 1111P11SUm11611L Vl U1VU AULIUn, V1 11"Y UauJM un. e,.aaaau w w uu.. w... ,..��• Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the construction of the parking lots, restroom facility and other amenities, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) All portions of the parking lot shall be constructed landward of the small structure setback. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENK ana me Chairman of the Coastal Resources Commission. Braxton C. avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of ermittee Town of North Topsail Beach Permit #5-15 Pag 2?13 ADDITIONAL CONDITIONS 1AN 8 6 2015 A s!ry 3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of theq�$i on of Coastal Management shall stake the first line of stable, natural vegetation and the small and large structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any AEC standards, the more restrictive standard shall apply. 5) For all portions of all parking lots located seaward of the large structure setback line referenced in Condition No. 3 of this permit, no individual section of parking lot shall exceed 5,000 square feet in size. Each parking lot section shall be physically detached from adjacent sections. This physical detachment may be accomplished through the use of large expansion joints, unpaved strips of bare sand or paver stone. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. 8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales, etc.). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 9) No wetlands or open water areas shall be excavated or filled, even temporarily, without additional authorization. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. Town a North Topsail Beach Permit #5-15 Page 3 of 3 ADDITIONAL CONDITIONS 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWR Project No. 14- 0974. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2007-01396. RECEIVED ,A% 261016 DCM-MHD CITY Division of C-ba�taj Management Application Processing Notas Applicant Type: (check all that apply) News, Major Mod_ Minor Mod Renewal_ Transfer_ Permit Coordinator: Field Rep /+ Date Time -q . 1a'Za-IL message 'J,1/ JD�LZ//y L w=11 �. �- U92065 PAKb6 site3, Tax ID: 769-9A dastua Cam m/avaaaa mwe0n��f $fll0@,00 ODD& Weal Estate A ERclec TaR NORTH CAROLK IA SPECIAL W/A1RAIV 6Y DEED Fxciu Tax: �'l, ►dew Pertelldenti or No. Vertbedby Countyonthe_ dayof 20_ ay ,. MRIVBOR m: Ld (a This inmmmmtwas prepared argon, NC B&I'description for the, Index: THIS DEEDmulathis $stdayof July . 2003• byandbetmen yatihlM EMSBMfffS, WC.. a North Carolina corporation (Successor by Marxor to B 6 9 %nosStasatS, Inc.) I TOPML EE=, LLC The designation Grantor and Grantee as used herein shall include said panics, their heirs, successors, and assigns, and shall Include singular, pW mescaline, feminine ornetar as required by contest WITNESSET'N, drat the Grantor, for a valuabte moidmation po ld by the Grantee, the=lptofwhich b hcmbyadmowlcdged, has mi } P3_ irf:,t 488£RIe, ti+i::s: t>$ 2nu'rL et31 area of a!seut 6.0 QCree. z,re Ye less, (includiag rift oR' Say off N. C. fiighoay 210) and consulates about 5.27 f acres, Dora or leos, (net ofTightof tray of N. C. 11$91rusy 210), described in deed recorded Inanosa 667,, Page 5553. �V!aoL t�,p e�4e qt�e 9sscziption of said c Book: 2065 Page,1977-Current: 465 Seq: 9 8092065 MUM66 M14AVEANDTOHOLDthealmesaldlotapostsel oflandmdallprivitmnmdoppurrenonc &rreso belongingtotheGmraw in fa simple. And the Granmrtovenmtts with the Gmntm that Grantor has done nothing to impair such titleasGrennrrecelvad,and Gtontoewill warrant and defend the title against the lawful Claims of all persons claiming by, under orthrough Grunter, other than the following esmeptiow; IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as oflbe day and year just above written. FAN INVESflffiPIS, INC. (eueceaeor by or t!_(EntijNaxe) E S B Iwestmeata, Ina.) 1. 0e'undcrsigned Notary Public oflhe Cowry end State afomseid, certify that personally appeared before me this day and acknowledged the due execution ofthe foregoing instmmcrt far the purposes Nerinr.prassed. 4yitess my bard aadNo�ietstampar seat 76b_day of in My Commission Expires: - 1, the undersigned Notary Public of the County and State carve eeforeme dds dayend a_+&�towi•_dgulrhaf GL ist're Fras7 North Carolina UP corporationAmitzallahimpu Inapplicable), and that by authority duly given and ar the act ofsu behalf wits attend deed. Wimess my hand and Notarial stamp" My Commission Expires: Smm of North Carolina- Coumyof Notary Public ,,,�,�,,�,_,.. Ole �r1V 1, the undersigned Notary Public o f ma Cmmry and State a(omsaid, unify drat . WitnessmybmdudNamdalstamporsml,this_dayof .20 . My Commission Expires:__ Notary Public TheforegoingCediEcat(s)of MARCIA F LINDSAY islave ...':r..:'.-:........ Ties i;::::m—,.z:.; :xi:i�is w::is'ar.a'::.iy r,.gi to-.3 a: ic:;..,✓r,i ius:��i .5:�5:; :......::::cc c:= that page hereof. •;:,•. ,,QQ//'' T�""V YLi T�LCsr✓,9+�J Register of Deeds fro ONSLOH County By. —^---- DepuWAssistant- Register ofDu4.s NC Bar Association Fonn No. 6 ® 1977, 2002 James Williams & Co., Inc. Printed by Agreement with the NC Bar Association — 1981 www.JamdWillianu.eom Ir Book: 2065 Page,1977-Current: 465 S4: 2 Page t of 3 ID: 769-4 STATE OF NORTH CAROLINA COUNTY OF ONSLOW 0DoNd,3,94USE �dUi M 1MVENO 07 SE? —5 Fif 4: 00 ef-41,04�?. THIS DEED, made this the 1eth day of August, 1997, by and between NORTH TOPSAIL BEACH MOTEL LLC, a North Carolina limited liability company, party of the first part, and R. A. JEFFREYS DISTRIBUTING COMPANY (formerly Jeffreys Beer and Wine Company), a North Carolina corporation, patty of the second part; WITNESSETH: THAT WHEREAS, the party of the first part is indebted to the party of the second part and desires to satisfy and discharge said indebledness by the conveyance of the land hereinafter described; and WHEREAS, the party of the second part has agreed to accept this deed in satisfaction and discharge of all indebtedness owed to it by the party of the first part; NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars (S10.00) and other valuable considerations paid by the party of the second part to the party of the rust part, the receipt of which is hereby acknowledged. the party of the first part does hereby punt, bargain, sell and convey unto the parry of the second part, its successors and assigns, those certain lots or parcels of land situated in Onslow County, North Carolina, defined and described as follows: 1. Those certain lots or parcels of land situated in Stump Sound Township, Onslow County, North Carolina, and being more particularly described as follows: BEING all of that portion of Lots 3, 4, 5 and 6 that lies between the Northern right of way line of New NC Highway 210 and Heath Creek as shown on Map 02 of the Division of 61 In,, . -'Wovr Cmd, Rcgisu j. dtuV! �f4 Uf S_'sVu"u':l L. f!L're11 rCVV13vN� IVlap YtrYk g, ti� :. , and being the same lots conveyed to North Topsail Beach Motel LLC by deed dated February 18, 1994, which deed is recorded in Book 1167. Page 294 in the Onslow County Registry. Oaslow County, 1 torch Callilna, aild being rt�arc parricularly described as mgows: LU —. ! iiLVUJI`1iitiU At 8it null SiN:c iii ui2 sGaiiie'ui iigili Oi »:iy Iilc ui i:L I ON is isiandcamp, in-. recorded in iviap Book 30, Page 38 in the Onslow County ( — Reoistn,; mm�hu! thence with the Southern right of way line of NC Hiehwav 210 I _, North 6i degrees 23 minutes Z1 seconds iatit Zi7 ices to a set xou mu; uleace i minutes 38 seconds East t5i.89 feet to a set iron rod; thence South 61 oeames 24 mlnni4 t S At Wert ?70. 16 £ : t ,n _r, ;ron r; l <- he F at !:n. of Lot 3 hereinabove referrer_ o thence with the Lastem tine of said iot'Forth 30 containing 0.95 acres, according to a map prepared by Charles F. Riggs & I ;i H Page 2 of 3 ®tlfllt�,�9�PLGED� d -2- (b) Being all of that 2.62 acre parcel of land, a portion of Tract W, Hunter Heath Trust, as shown on a map recorded in Map Book 30, Page 33 in the Onslow County Registry, and aim shown as Tract "B" on a map prepared by Charles F. Riggs & Associates, Inc. recorded in Map Book 31, Page 112 in the Onslow County Registry. The above described lots or parcels of land being the same as conveyed to North Topsail Beach Motel LLC by deed dated September 14, 1994, which deed is recorded in Book 1204, Page 570 is the Onslow, County Registry. The conveyance of the above land is made subject to easements, rights of way and restrictive covenants of record, and to 1997 ad valorem taxes. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the said party of the second part, its successors and assigns, to their only use and behoof forever. And the said party of the first pan covenants for itself and its successors, to and with the said party of the second part, its successors and assigns, that it is seized of said premiss in fee and has a right to convey the rune in fee simple; that the same are free and clear from all encumbrances, except as noted herein, and that it will warrant and defend the tide to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, North Topsail Beach Motel LLC, a North Carolina limited liability company, has caused this instrument to be executed by Bradley B. Minshew, Manager and Member, this the day and year first above written. NORTH TOPSAIL BEACH MOTEL LLC f - By: V-541- ��E4) ' BracyX Minshew, Manager and Member STATE OF NORTH CAROLINA I COUNTY OF Ortsh,:) I, aeta ne*e t^. J1 o rra t.J , a NotaryPublic in and for said State and County, do hart:, certify that BRADLEY B. MINSHEW, Manager and Member of NORTH TOPSAIL BE.4Ck?>4:O;f . LLC, a Na^.:`: Carolina limited LebL€ty com _ry. purely ep .s,>d betre ' Book: 194 Page, 9977•Current: 816 .Seq: 2 Page t of 2 3; ID: 769-4.3 BOOK 11187PAGE 662 THIS WCUMENT PRESEPIT D ' TD TAM FFICE PAIE /D" 19�yy. _c�esau i:J: ev.•11Y>Le:ii, n1a.3'P'cU, UU'1'uUiY L CAH'Y'Ert ""'"'•y '•-•,.••. j Parcel NO; DEED NORTH CAROLINA ONSLOW COUNTY ISLANDCAHP, INC., a North Carolina corporation, hereinafter referred to as Grantor: ant) TOPSATT, REACT Srr_ o gn *th Porn' rwe Limited Liability Company, hereinafter referred to as Grantee; W I T N E S S E T H: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by Grantee, its successors and. assigns, in fee simple, all that Onslow County, Worth Caroline, and more particularly described as I STAMPS: II follows: I .'._+ ={ ., .': '::.-'.C'dL G'^. :',..,: � 8tizi_:_Si _ :... ::.f.>:.,_ i1.P •":: II �::}.[i�i •, Trust and isiandcanp, Inc., dated ~October 9, 1993, prep aAzrsd. by _ .o joint use of the 10 foot Wooden Walkway Easement along the l " --a'y 21G CO Zj',a P,-ai,t P.; GL'ear :_o "Oily as Grantor na intainS wnvn aero r n nnrn all privileges and appurtenances thereto belonaina to the Grantee,E its successors end assigns in fee ulmpie. j `� r •i� r Tjo 9 YP? c?[{ao^nc= the ,, m..¢.r b^-' Sirsned ',n s;c cvx-aoYs?e unoa by ic.s duiv evi,`.hssr(zed or. F.icar4 u 7�., anti lts 6Ua1 tU b& iiareunto eizixea by aLtho- -Ity •DS it .3 Lro ❑ I I t '. j. wok 2 474'.}e!�r I 3-• i-s- ais President / I io 1 it; is :r II ONSLOW COUNTY I �� I, ! l �a ._!e�fe l'. ✓��.5-(' W-----, a Notary Public i, and - - nd Et.to. ..ticy a>,..r ,came -before p personally me this day and acknowledged that she is , Secretary of Islandcamp, Inc., a North Carolina corporation, and that by authority duly given and as the act of the i; corporation, the foregoing instrument was signed in its name by I its _ President, sealed with its corporate seal and attested by him/her as its _ Secretary. , Witness .may hand and official stamps or seal, thiss "i %day 1 tf i Nowry Public Nv c..m ,.is -ion expires: II i STATE OF NORTH CAROLINA, ONSLOW COUNTY 1� The farer:-lna certi'i cai<_ial ar. Jeane_tcc. ioe� • is (are) certified to be correct. This instrument was presented for registration this 10th day of June 1 19, at 12:38 P.N. A.H.; P.H.; and 'duly recorded in the office of the Register of 661 This tha loth day as. oi. REGISTER OF DEED,; l�F V ASSISTANT, DEPUTY 1 � Book: 1187 Page, 1977-Current: 662 Seq: 9 si & STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF WAYNE THIS LEASE AGREEMENT is made and entered into effective the first day of April, 2014, byandbetween TOPSAILBEACH, LLC, allorth Carolina limited liabilitycompany with its principal place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the `Landlord"), parties of the first part; and TOWN OF NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town"), party of the second part; WITNESSETH: That whereas, Topsail Beach, LLC owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being TaXParcelNumbe1769-9.1, which is a part of the real property described in the Deed recorded in Book 2065, Page 465 of the Onslow County Rogistry, and RA7DC Holdings, Inc. owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4, which is a part of the real property described in the Deed recorded in Book 1394, I Page816 of the OnsIow County Registry, (said Tax Parcel Numbers 769-9.1 and 7694 I hereinafter referred to collectively as the "Demised Premises"); and i Whereas, there presently exists a beach access walkway and parking lot upon the I Demised Premises; and 5._ -2- Whereas, the Town desires to lease the Demised Premises for use by the general public as a means of access to the beach and the ocean which adjoin the Demised Premises and for the parking of automobiles, Now, therefore, in consideration of the mutual covenants and agreements herein contained, Landlord does hereby rent and Iease the Demised Premises unto the Town and the Town does hereby accept the Demised Premises as the tenant of Landlord, upon the terms and conditions herein set out. TO HAVE AND TO HOLD the Demised Premises unto the Town, subject to the following terms and conditions: (1) TERM. This lease shall begin on April 1, 2014, and unless sooner terminated, shall exist and continue for a period of five (5) years through and including March 31, 2019. (2) TERMINATION BY TOWN. Notwithstanding anything to the contrary in this lease, the Town shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to Landlord, and upon such termination, each party shall perform all of its obligations under this lease through and including the effective date of such termination. (3) TERMINATION BY LANDLORD. Notwithstanding anything to the contrary in this lease, Landlord shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to the Town, provided that upon such termination, Landlord shall pay to the Town the percentage of the cost paid by the Town for capital improvements upon theDettttsedPreratssduring the term of this Lease based upon the effective -3- date of termination of this lease as follows: Lease Year 1 = 100%, Lease Year 2 = 75%, Lease Year 3 = 50%, Lease Year 4 = 251%, Lease Year 5 = 0%, and Lease Years 6 and beyond = 0%; upon the express condition that the said payment by Landlord to the Town shall not exceed the amount of rent paid by the Town during the Lease Year of such termination by Landlord; and upop such termination, each party shall perform all ofits obligations under this lease through and including the effective date of such termination. (4) RENTAL. During the term hereof, the rental for the Demised Premises shall be i the sum ofTwentyFive Thousand andno/100 Dollars ($25,000.00) per year, payable in advance i without demand, beginning on the date ofthis lease and continuing on each anniversary thereof. (5) PERMITTEDUSES. During the term hereof, theDemisedPremises shall beused by the Town only for purposes of operating.parking lot ("Parking Facilities"), and for no other use or purpose without the Landlord's prior written consent, which shall be granted or withheld i in Landlord's sole and subjective discretion. The Town is authorized to constructbicycle racks on the Property. The Tenant shall comply with all laws, ordinances, codes and regulations regarding the Property and the permitted use upon the Property. (6) TAXES AND ASSESSMENTS. Duringthetermheteof,Landlord shall promptly pay ny and all real estate taxes and assessments imposed or levied upon the Demised Premises by any public authority. i (7) UTILMES AND OPERATING EXPENSES. During the term hereof, the Town shall provide and promptly pay for any and all utilities consumed or used in connection with the Demised Premises. The lei k of aviltlabllity of'or failure of utility service shall not be deemed 4 constructive eviction. The Town agrees to pay all expenses associated with operating and maintaining theDemised Premises and the Parking Facilities, including landscape maintenance, trash, rubbish and debris removal, general maintenance, insurance and other charges imposed by law or against the Demised Premises as part of the Town's obligations hereunder. (8) PERMITS. During the term hereof, the Town will apply for, pay for and keep cui Tent all permits and licenses required for the lawful operation of the Parking Facilities. (9) INSURANCE. During the term hereof, the Town shallmaintain andpromptlypay allpremiums for public liability insurance coverage upon the Demised Premises with such company as is approved by Landlord. Such public liability policy shallnameboth Landlord and the Town as insureds and have limits of at least Five Hundred Thousand Dollars ($500,000) for injury or death to any one person, One Million Dollars ($1,000,000) for any one accident, and One Hundred Thousand Dollars ($100,000) with respect to damage to property. Such policy shall provide for at least ten (10) days prior notice to Landlord of cancellation. The Town shall provide Landlord with written verification of such policy and payment of all premiums. (10) LANDLORD NOT LIABLE FOR DAMAGES OR INJURIES. Landlord shall not be responsible to the Town or to any other person, firm, partnership, association or corporation for damages or injuries by virtue of or arising out of any condition or use of the DemisedPremises or by virtue ofearthquakes, riots, windstorms, overtlowofwater from surface drainage, rain, water, fire, or by the elements, or acts of God, or by the neglect of any person, firm, partnership, association or corporation. A' -5- (11) INDEMNIFICATIONOF LANDLORD. The Town agrees to indemnifyand save Landlord harmless from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorney's fees, by or on behalf of any person, firm or corporation, arising from the conduct of any activity or thing whatsoever done on;tbe Demised Premises and will further indemnify and save Landlord harmless from and against any and all claims arising during the term of this lease from any condition ofthe Demised Premises, which condition was known to the Town, or in the exercise ofreasonable care should have been known to the Town, or arising from any act ofnegligence ofthe Town, or any oftheir i agents, employees, servants, sub -lessees, licensees or invitees, or arising from any accident, i injury or damage whatsoever caused to any person, firm or corporation occurring in or on the Demised Premises, from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and the Town, upon notice from Landlord, covenants to defend such action or proceeding by counsel satisfactory to Landlord, at the expense of the Town, provided that any counsel prescribed by an insurance carrier of the Town shall be deemed counsel satisfactory to Landlord. (12) SIGNS. The Townmay place, erect and maintain only those signs on or about the Demised Premises which have been approved by Landlord and which are in compliance with all applicable laws and regulations. The Town shall pay for installing, maintaining and removing any such signs and shall repair all damage caused by the installation or removal of such signs. i (13) TENANT'S ACCEPTANCE AND USE OF DEMISED PREMISES. The Town has inspected the Demised Premises and agrees to accept the Demised Premises in its existing 'Es condition. The Town may use the Demised Premises only for the purpose of providing to the generalpublic a means of access to the beach and the ocean which adjoin the Demised Premises and the parking of automobiles for persons using the said public beach and ocean. (14) OBSERVANCE OF LAWS AND ORDINANCES. The Town will abide by and obey the laws of the United States, the State of North Carolina, and all laws, ordinances and regulations of Onslow County and the Town which may affect or relate to the use or occupancy of the Demised Premises. (15) CLEANLINESS. The Town shall at all times keep the Demised Premises in a reasonably clean, neat and orderly condition and shall keep the entry -ways adjoining the Demised Premises reasonably clean and free from rubbish and dirt. The Town will not make or suffer any waste of the Demised Premises or permit anything to be done in or upon the Demised Premises creating a nuisance thereon. (16) DAMAGE OR DESTRUCTION BY CASUALTY. If the Demised Premises should be damaged or destroyed by any casualty, Landlord shall have the right and option to cancel this agreement without any liability or obligation to the Town. (17) LANDLORD'S ENTRY. Landlord shallhave the right to enterupon theDemised Premises at all reasonable times during the term of this lease for the purposes of inspection, maintenance, repair and alteration, and to show the same to prospective tenants or purchasers. (18) ASSIGNMENT BY TENANT. The Town shall not assign this lease or sublease the Demised Premises without the prior written consent of Landlord which consent shall be in Landlord's sole discretion, norshall the Townpermit occupancy oftheDemisedPremises by any f -7- other party except in connection with the Town's use and occupancy of the Demised Premises i as a Parking Facility (ie., allowing automobiles to be parked on the Demised Premises for a fee). i (19) TENANT'S ALTERATIONS, As of the date of this Lease, a crosswalk and parkinglotissituated upon the Demised Premises. The Town covenants and agrees notto make, or permit to be made, any alterations, improvements or additions of any kind to the Demised Premises, including, but not limited to, the erection or installation of any building or structure, except with the prior written consent of Landlord which consent shall be in Landlord's sole discretion. All alterations, improvements and additions to the Demised Premises shall be made I in accordance with all applicable laws and shall become the property of Landlord and be surrendered with the premises at the termination of this lease. Ifprior to the termination of this I lease, or within fifteen (15) days thereafter, Landlord in its sole discretion so directs, the Town shallpromptlyremove the additions, improvements, fixtures, and installations which wereplaced i upon the Demised Premises by the Town and which are designated in said notice and repair any damage occasioned by such removal, and in default thereof, Landlord may effect said removals and !repairs at the Town's expense, In the event of making such alterations, improvements, and/or additions as herein provided, the Town shall indemnify and save harmless Landlordfrom all expense, liens, claims, or damages to either persons or property arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. (20) REPAIRS. The Town shall maintain the Demised Premises in good condition and shall make all repairs to the Demised Premises which shall become necessary during the term hereof. In the event The Town fails to make such repairs in a timely manner, Landlord may CtiP 0;?':..� 1 �o k..a c inj i'veFi9i its. a .1 a., make such repairs, and shall be reimbursed for same by the Town. No changes of a structural nature shall be made to the Demised Premises without the prior written consent of Landlord, which consent shall be in Landlord's sole discretion. (21) TITLE OF DEMISED PREMISES. The Demised Premises are let subject to the state of title thereof existing as of the commencement of the term of this lease, to any state of facts which an accurate survey or physical inspection shall show, to all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by an governmental authority having jurisdiction and in their then existing condition withoutrepresentation orwarrantyby Landlord, exceptLandlord warrants that it lias good and marketable title to the Demised Premises, free and clear of all encumbrances, except real estate taxes for the current year, easements and restrictions of record, and Deeds of Trust of record in the Onslow County Registry. (22) OUIET ENJOYMENT. Except as provided herein, Landlord covenants and agrees that the Town, bypaying the rents herein reserved and observing, keeping and performing the covenants herein contained shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Demised Premises for and during the full term of this lease. (23) HOLDING OVER Any holding over after the expiration of the term ofthis lease, with the consent of Landlord, shall be construed to be a tenancy from month to month at the rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as provided. rr A u . 11TH � A�i3 3li' 9 'f�� �•:f , am (24) B321RATION OF LEASE. The Town covenants and agrees to take good care of the Demised Premises and upon the termination or expiration of this lease, including any extension thereof to surrender the said Demised Premises in as good a condition as it is in at the beginning of this Iease, ordinary wear and tear excepted. (25) DEFAULT AND FORFEITURE. The Town shall be in default of this Lease (i) if the Town shall mil to pay any installment of rent when due and shall fail to remedy such default for a period of ten (10) days after notice from Landlord or (ii) if the Town shall fail to comply with any of the other terms, conditions orpmvisions ofthis lease and shallfail to remedy such default for a period of thirty (30) days after notice from Landlord or (iii) if the Town . abandons the Demised Premises. Upon such default, Landlord may declare this lease terminated and take possession ofthe Demised Premises withoutprejudice to other legal rights and remedies including the right to recover from the Town all rent and other sums due under this Lease up to i the time of such entry. In the event of any such default and possession and entry by Landlord, I Landlord may re -let such Demised Premises for the remainder of said term for the highest rent obtainable and may recover from the.Town any deficiency between the amount so obtained, as well, as all necessary and incidental expenses in connection with such re -letting, including without limitation, all repossession costs and legal expenses. Said entry and re -letting by Landlord shall be without prejudice to Landlord's other legal rights and remedies. (26) BANKRUPTCY. In the event that the Town shall be adjudicated as bankrupt or a temporary or permanent receiver is appointed for the Town in any federal or state court or the Town shall otherwise become involved in insolvency or liquidation proceedings, Landlord shall -10- have the right and option, to immediately declare this contract and lease null and void and take possession of the Demised Premises without prejudice to any other legal rights and remedies. (27) NON -WAIVER. The failure of Landlord or the Town to enforce strict performance on the part of the other party with respect to the obligations of either of them under this lease shall not be deemed to be a waiver of the rights herein set forth and the same continue and remain in full force and effect. The receipt of any rent by Landlord from the Town shall not operate as a waiver of the right ofLandlord to enforce the payment of additional rent due under this agreement or any of the other obligations of this lease by such remedies as may be appropriate. (28) CONDEMNATION. If all or any part ofthe Demised Premises isacquired by any public authority having the statutory power of eminent domain or by private purchase in lieu of condemnation, Landlord shall be entitled to all payments for damages against such condemning authority for the taking of its property rights. If part of the Demised Premises shall be acquired by' condemning authority and the part taken is not sufficient to materially affect the use of the Demised Premises by the Town, the rental hereunder shall not abate. If all or such a substantial part of the Demised Premises is acquired so that the Town can no longer reasonably use the Demised Premises, the Town may, at its option, terminate this lease. (29) SUBORDINATION. The Town will, upon request by Landlord, subject and subordinate all or any of its rights under this lease agreement to any and all mortgages and deeds of trust hereafter placed on the Demised Premises are a part; provided, however, that the Town will not be disturbed in the use or enjoyment of the Demised Premises so long as it is not in default hereunder. The Town agrees that this lease agreement shall remain in full force and effect notwithstanding any default or foreclosure under any such mortgage or deed of trust and that it will attorn to the mortgagee, trustee or beneficiary of such mortgage or deed of trust and its successors or assigns and to the purchaser or assignee under any such foreclosure. The Town will, upon request by Landlord, execute and deliver to Landlord or to any other person designated by Landlord any instrument or instruments required to give effect to the provisions of this paragraph. (30) RIGHT OF FIRST REFUSAL. If during the term of this Lease or any extension thereof, the Landlord shall receive a bona fide offer to purchase the Demised Premises,'which i is a!eceptable to Landlord, the Landlord agrees that the Town shall have and is hereby granted an option to purchase the Demised Premises upon the same terms and conditions thereof, and that the Town may exercise its option to purchase said property at any time within thirty (30) i days after notice of such bona fide offer is given to the Town. If the Town shall elect to exercise such option, the Town shall do so by giving notice in writing to the Landlord within such thirty I (30) day period and a contract of sale containing said terms and conditions shall be executed by the Iparties and closed within thirty (30) days thereafter. Upon thefailure ofthe Town to exercise i the option within said thirty (30) day period as provided in this article, then the Town's option to purchase shall terminate and the Landlord may sell the Demised Premises to such third party updin the said terms and conditions, provided that such sale shall notrelieve or release such third party from abiding by the other terms and conditions of this Lease. -12- (31) TRANSFER OF LANDLORD'S INTEREST. In the event ofthe sale, assignment or transfer of the Demised Premises by Landlord to a successor in interest, who expressly assumes the obligations of Landlord hereunder, Landlord shall thereupon be released or discharged of all of its covenants and obligations hereunder, except such obligations as shall have accrued prior to any such sale, assignment or transfer and the Town agrees to look solely to such successor in interest of Landlord for performance of such obligations. (32) NOTICES. Any and all notices given in connection with this Lease Agreement shall be deemed adequately given only if in writing and addressed to the party for whom such notices are intended at the address set forth below. All notices shall be sent by personal delivery, FedEx or other overnight messenger service, or by first class certified mail, postage prepaid, return receipt requested. A written notice shall be deemed to have been given to the recipient party on the earlier of (a) the date it is delivered to the address required by this Agreement; (b) the 'date delivery is refused at the address required by this Agreement; or (c) with respect to notices sent by mail, the date as of which the postal service indicates such notice to be undeliverable at the address required by this Agreement. Any and all notices referred to in this Agreement, or that either party desires to give to the other, shall be addressed as follows: For Landlord: Topsail Beach, LLC and RAJDC Holdings, Inc. Attention: Robert A. Jeffreys, Manager lPresident 2026 U.S. Highway 70 West Goldsboro, N.C. 27530 For the Tenant: Town Manager Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 -13- f Any party hereto may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. (33) NATURE AND EXTENT OF AGREEMENT. This instrument contains the j complete agreement ofthe parties regarding the terms and conditions ofthe lease of the Demised Premises and there are no oral or written conditions, terms, understandings or other agreements pertaining thereto which have not been incorporated herein. This instrument creates only the i relationship of lessor and lessee between the parties hereto as to the Demised Premises and nothingherein shall in any way be construed to impose on eitherparty hereto any obligations or restrictions not herein expressly set forth. (34) MODIFICATION. Any changes or modifications of this Lease must be in writing, and signed by the parties hereto. (35) WAIVER No delay or failure by either party to enforce or exercise any rights or remedies hereunder shall constitute a waiver of such right or remedy, nor shall any single or partial exercise ofa right orremedy preclude any other or further exercise ofrights and remedies. (36) GOVERNING LAW. This lease shall be governed by, construed and enforced i in accordance with•tla$,law$ of,*e State of.North;CaTeRn$: (37) BINDINGEUECT. This lease agreement shall be binding upon and shall inure to the benefit of the; . es hereto and their respectivesuccessors and assigns. ;., -14- IN WITNESS WHEREOF, the parties hereto have executed this lease agreement, in duplicate originals, this the day and year first above written. TOPSAIL BEACH, LLC (Landlord) A7� (Seal) El en ys land, Member/Manager RAJDC HOLDINGS, INC. (Landlord) By: � (Seal) Robert A. Jeffreys, P i TOWN OF NORTH TOPSAIL BEACH (Tenant) By. t (Seal) Mayor ad In the manner required and l"ISMI ControlAel. S: �-- 3 STATE OF NORTH CAROLINA AMENDMENT OF LEASE AGREEMENT COUNTY OF WAYNE i THIS AMENDMENT OF LEASE AGREEMENT (hereinafter referred to as the "Ammendment") is made and entered into effective the first day of April, 2014, by and between TOPSAIL BEACH, LLC, a North Carolina limited liability company with its principal place. of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the "Landlord"), parties of the first part; and TOWN OF NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town', party of the second part; WITNESSETH: i WHEREAS, Landlord and Town entered into that certain Lease Agreement (hereinafter referred to as the "Lease') dated April 1, 2014, concerning the real property therein described; and WHEREAS, Landlord and Town desire to amend the Lease as set forth below; NOW, THEREFORE, based upon the premises and for good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, Landlord and Tenant covenant and agree that the Lease is amended as follows: (1) DEMISED PREMISES. Topsail Beach, LLC owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4.3, which is described in the Deed recorded in Book 1187, Page 667 of the Onslow County Registry; and said Tax Parcel Number 769-4.3 shall be included along with Tax Parcel Numbers 769-9.1 and 769-4 in the definition of the "Demised Premises" in the Lease. i i (2) RENTAL. During the term hereof; the rental for the Demised Premises shall be the isum of Twenty Eight, Thousand and no/100 Dollars ($28,000.00) per year, payable in advance without demand, beginning on the date of this lease and continuing on each anniversary thereof. i (3) BINDING EFFECT. The provisions of this Amendment shall be binding on and inure to the benefit of the parties, their legal representatives, heirs, successors, and assigns. (4) WHOLE AGREEMENT. This Amendment contains all of the agreements and representations between the parties concerning the amendment of the Lease. None of the terms of the Lease shall be waived or further modified to any extent, except by written instrument signed and delivered by both parties. Except as amended by this Amendment, the Lease shall be and remain in full force and effect. F F•nb (5) GOVERNING LAW. This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. IN TESTIMONY WHEREOF, the partieshereto have caused this Amendment to be duly executed, effective as of the day and year first above written. i TOPSAIL BEACH J�LC (Landlord) M RAJDC HOLDINGS, INC. (Landlord) By: 4 t (Seal) Robert A. Jeffrey cut TOWN OF NORTH TOPSAIL BEACH (Tenant) By: AMA (Seal) Mayor This Instrument has been preaudlted In the mannerrequired byThe Local Govemment Budgetand Flscal ConimiNot Governmental Unit Finance officer Dafe o- i a l a or �f (stna`°re) (Preaudil Certificate must be dated.) h SEP �. 39 ftEJ 02 7 Sam 2065Pd0$465 site a; Tax ID: 769-9.1 in oasrceoapEpy m/wmm ii �� m,n SII00. ®0 Raul .O6 Exam Estate Eulta lf�r' Tax �j, WOM CAROLINA SPECIAL WARRAIdTIt DEED Exeise Tex:.IS �dB� Pareelldead eL VerUledby Countyoathe_ dayof .20_ Mnillaox ex. —04 FL This instrument was prepared 6y. Ddehnon Nrieas, Jr., AC[oroey et Lav, Lt®berton, MC Erlefdesuiplioa for the Index: THIS DEED made this let day of July . 200� by and between 9 PHEEMAM EWEST;=S, WC., a Morth I TOPSAIL BEACH, LLC Carolina corporation (successor by carger to H 6 H Investments, Inc.) The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, andshall includo l _ singular, plural, masculine. femNine or neuter as required by context I WI7NESSEI}I, thattheGramor, foravaluable camidmaden paldbytheGramee,the receiptofwhichhh.rcbyadntowledgcd,hasand by these presents does grmLbarEain, sell andeonveymtothe Grantee in fee simple, all thateeoein lotorpareel oftandsimated inthe City of Sump Salami Township, 01181013 (:aunty. North Carolina and am particularly described as (allows: dSl tit cet"in tract arc load cvnt9ini"St total er_n of ahaet 6.0' acrea.._ at leas, (including right of tray of H. C. Hiahuay 210) and eoataluioS about 5.27 acres, core or lesa, (net of right of mmy of H. C. Highway 210), described In deed recorded InHunts:667v Page 5553pe0«reee�at Com�tV �e �tsayq the description of said i 9EP i 2UM = pt yy y \p C Book: 2065 Page, 1977-Current: 465 Seq: 1 8112O65 FAGM66 TO HA V E AND TO HOLD the efomeld lot or parcel of tend and all pdvingn and appurtenances dreaem behmillog to tha Onvaee in fausimple. And the Gmntoreovenmu with the Grantee, that Grmtorhas done nothing to impair such title mGmntarreulvtxl, and Grantor will warrant and defend the title against the lawful claims ofml persons claiming by, under orthrough annular, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. UN IB4ESICIU IS, INC. (nuteeaaor by tr to PtittXNaSe) B 5 B Inoeutmentae Ioc.) ? Stdt@of7donh"Cefolhss-county of . 1 & Madersigned Notary Public ofthe County and State aforesaid, certify thm Personally appeared before me this day and eckmowledged the due execution ofthe foregaing instrument for the purposes therein expressed. Y/t, c—m myhandzndNatiiatstarnperseal this_dayof 20_. My Commission Expires: Late of North Carolina-Counryof Bobeaon 1, the undersigned Notary Public ofthe county and Sate afore carte before me Oils dayand achnovrledgcd that he 4fx F.=5:Mea North Correction UP corpomtio inapplicable), and that by authority duly given and as the net of such an behalf as is act and deed. Witness my hand and Notarial stamp or seal, My Commission Expires:tk ofdel Normy Public _,,,,,,,,,, Ct1v Notary Public U State of North Carolina - Comryof 1, the undersigned Notary Public ofthe CoanryandStateaforesaid, cer0fythm . WitnmsmyhandmdNotarialstamp"ml,this_dayof .20_. My Commission Expires Notary Public TheimcgoingCertificste(s)uf MARCIA F LINDSAY tyoR cs,;.:',c::a:::::rc:i.T,is ia;;�;:ace:red:i:a.�iFcaic aemi7rwcc.—.; =:- •.. taw,.- fhst page hereof. `' YY%D a�l Register of Deeds far ONSLON CaloryBY. ------ Deputy/Assistant - Register of Deeds NC Bar Association Form No. 6 ® 1977, 2002 James Williams & Ca, Inc. Printed by Agreement with the NC Bar Association - 1991 www.)amesWilliams.com r 9 `'VIE SEP 0 3 2014 f'l 'b,i WILMIRol GTON, NC Book: 2065 Page, 1977-Current: 465 2 Page t of 3 ID: 769-4 0 \j V STATE OF NORTH CAROLINA COUNTY OF ONSLOW 800N j394P:,E W, iD 1MVE}VIIg K77 SE' —5 Rl 4: 00 -1rC4i,09?. THIS DEED, made this the IM day of August, 1997, by and between NORTH TOPSAIL BEACH MOTEL LLC, a North Carolina limited liability company, party of the first part, and R. A. JEFFREYS DISTRIBUTING COMPANY (formerly Jeffreys Beer and Wine Company), a North Carolina corporation, party of the second part; WITNESSETH: THAT WHEREAS, the party of the first part is indebted to the party of the second part and desires to satisfy and discharge said indebtedness by the conveyance of the land hereinafter described; and WHEREAS, the patty of the second part has agreed to accept this deed in satisfaction and discharge of all indebtedness owed to it by the party of the first part; NOW, THEREFORE, in consideration of the premises and the stun of Ten Dollars (S10.00) and other valuable considerations paid by the party of the second part to the party of the fast part, the receipt of which is hereby acknowledged. the party of the first part does hereby Saint, bargain, sell and convey onto the party of the second part, its successors and assigns, those certain lots or parcels of land situated in Onslow County. North Carolina, defined and described as follows: 1. Those certain lots or parcels of land situated in Stump Sound Township, Onslow County, North Carolina, and being more particularly described as follows: BEING all of that portion of Lots 3, 4, 5 and 6 that lies between the Northern right of way line of New NC Highway 210 and Heath Creek as shown on Map 02 of the Division of T I`fAt n74 of iuion*.s C. E4'creG racci-d i in ifap fwok g, , ugC 6. i .- v..�;vw --,,y — —, and being the same lots conveyed to North Topsail Beach Motel LLC by deed dated February 18, 1994, which deed is recorded in Book 1167, Page 294 in the Onslow County Registry. . ... ..,r:d:, Ru. ,. red i ;be T.. ., - .w.,r., ,.,car h. Onslow County, North Carolina, and 'being more particularly described as toitows: raj ucijiNNiiiu ai ut troll stake in ale zwaintal rigid 0; way iiM of fil Islandeamp, Inc. recorded in biap i3ook 30, Page 38 in me Onsiow Canary R»lsrng nrnninn thence with the Southern right of way line of NC Highway 210 North 61 degrees`3 minutes LL seconds Last 217 ivct to a set uwt ruu, uunce minutes 38 seconds East i51.89 feet to a set iron rod; thence South 61 degrees 24 mlmn— 1 <.y —IiIr West 77616. f nl to ,n „ylst;ng ;.on rod ;n the F.Pstem Eire bf Lot 3 heremabove referred to; thence with the Eastern line of said iot North 30 containing 0.95 acres, according to a map prepared by Charles F. Riggs & ...., .. t 1"-d a t... 1: !ant ate,-:4• •1z�.4_ L+-r.:� ge�7_rt,rr=rt.. g.lr C- ryp� Pago 2 or 3 BgONS�ii�PlGEp10 -2- (b) Being all of that 2.62 acre parcel of land. a portion of Tract III, Hunter Heath Truss, as shown on a map recorded in Map Book 30, Page 33 in the Onslow County Registry, and also shown as Tract "B" on a map prepared by Charles F. Riggs & Associates, life. recorded in Map Book 31, Page 112 in the Onslow County Registry. The above described lots or parcels of land being the same as conveyed to North Topsail Beach Motel LLC by deed dated September 14, 1994, which deed is recorded in Book 1204, Page $70 in the Onslow County Registry. The conveyance of the above land is made subject to easements, rights of way and restrictive covenants of record, and to 1997 ad valorem taxes. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the said party of the second part, its successors and assigns, to their only use and behoof forever. And the said party of the fust pan covenants for itself and its successors, to and with the said party of the second part, its successors and assigns, that it is seimd of said premises in fee and has a right to convey the same in fee simple; that the same are free and clear from all encumbrances, except as noted herein, and that it will warrant and defend the tide to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF. North Topsail Beach Motel LLC, a North Carolina limited liability company, has caused this instrument to be executed by Bradley B. Minshew, Manager and Member, this the day and year first above written. NORTH TOPSAIL BEACH MOTEL LLC By:: !S EAL) Brgd1cyjW Minshew, Manager and Member STATE OF NORTH CAROLINA COUNTY OF OnSIO-3 I Leo nCH E C. jio rt a , a Notary Public in and for said State and County, do here* crif ify that BRADLEY B. MINSHEW, Manager and Member of NORTH TOPSAIL BEiK&U AOTEL LLC, a North Carolina limited liability company, personally appeared before �py� 7r '1-, ' Book: 1394 Page, 1977-Current: 816 Seq: 2 Page T of Site 3; Tax ID: 769-4.3 BOOK 1187PAGE Fi 62 THIS MUMBIT EFICEENTED DATE t✓-'`�� V jI c_e�:,etdii ..,p':-.�.+iu,i�s, nia�'fcV, UVi'JUY & CAt�1'Ei< �•.• ••_-.. •. "( i 'y II Parcel No: IIWARRANTY DEED NORTH CAROLINA I ONSLOW COUNTY c - } ISLANDCANP, INC a North Carolina corporation, hereinafter) 'z 1: referred to as Grantor. and TnPSATT Rrirw Trr_ e m 'a r_,...,:. Limited Liability Company, hereinafter referred to as Grantee; N I T N E S S E T H: li That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by If( fl l� a FF ON! 4 ci u Grantee • its .successors and assigns, . in fee sinple all that j c _Si, I Onslow County, North Carolina, and more particularly, described as� p i1 follows: C9�T-iCWI I FTgn ITT of '1 Tru st isianacamp,_ Inc., _dated October 9 1993 prepared by 11 �0 fl b :e:is' joint use of the 10 foot Wooden walkwav Easement Ilona the) iiianwa_T LiC e.0 Lle A4iai,cic oceaFF so long as C.-an.or naincaihs Lile ---------- ♦.-.. .,.. ..,. �.. -,♦ ♦-.-a all privileges and appurtenances thereto balonaina to the Grantee, I its successors and aesignc in fee 'simple. j t ... ti YN Wl?T?SiSS W!iEFI'O?, T.?]P. GYantOr h.es ve`ee.�rt thin l•, e.>ruznn4. de I 'J" he 6iane0 in its cornoYat P, n9P.e by tts duly Pvthori2-d offir..ere I P[,a iLa soa1 to be nereunt0 artixed by authority of its Boar[) ok i -a;y aTa I I I 1V a U-,) r7 y� E'� uan w 4l l l N.. 51 l Pa.' 2 M P�rea&gdgnt I ;j 11ONSLOW COUNTY I A erl e.-RCl_ Or rq Not.ry Public in and unty znd Etatc, it -personally came before me this day and acknowledged that she is — Secretaryof Islandcamp, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its new by I its _ President, sealed with its corporate seal and attested by him/her as its _ Secretary. Witness Y�y hand a,-.' off icial rt 'azps or seal, this oay NojXry Public MY comis on expires: �rT1� II STATE OF NORTH CAROLINA, ONSLOW COUNTY F Me toreeoinq ce-, o' I - IS I (are) certified to he correct. This Instrument was presented for i June 12:38 P.M. registration this 10th day of ig, at _ I A.M.. P-M.. and'duly recorded In the office of the Radiator of 662 his the _10th day o4'_ne zn. 94' REGISTER OF DEEDS ASSISTANT, DEPUTY J rpq Book: 1187 Page, 1977-Current: 662 Seq: STATE OF NORTH CAROLINA I I COUNTY OF WAYNE I its the on si LEASE AGREEMENT i THIS LEASE AGREEMENT is made and entered into effective the first day of April, by and between TOPSAIL BEACH, LLC, a North Carolina limited liabilitycompany with place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, a North Carolina corporation with its principal place of business in Wayne County, North (hereinafter referred to collectively as the "Landlord"), parties of the first part; and NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter to as the "Town"), party of the second part; WITNESSETH: That whereas, Topsail Beach, LLC owns that certain real property located on Island North Topsail Beach, Onslow County, North Carolina, beingTaxPareelNumber 769-9.1, is a part of the real property described in the Deed recorded in Book 2065, Page 465 of County Registry, and RAJDC Holdings, Inc. owns that certain real property located Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel 769-4, which is a part ofthe real property described in the Deed recorded in Book 1394, 816 of the Onslow County Registry, (said Tax Parcel Numbers 769-9.1 and 769-4 referred to collectively as the "Demised Premises"); and Whereas, there presently exists a beach access walkway and parking lot upon the Premises; and ...a � Fes,., �• R SEP 0 3 2014 Dci"A �1_,�ri r � r , 1-qc, -2- Whereas; the Town desires to lease the Demised Premises for use by the general public as a means of access to the beach and the ocean which adjoin the Demised Premises and for the i parking of automobiles; I Now, therefore, in consideration of the mutual covenants and agreements herein contained, Landlord does hereby rent and lease the Demised Premises unto the Town and the i Town does hereby accept the Demised Premises as the tenant of Landlord, upon the terms and i conditions herein set out. TO HAVE AND TO HOLD the Demised Premises unto the Town, subject to the foli lowing terms and conditions: (1) TERM. This lease shall begin on April 1, 2014, and unless sooner terminated, shall exist and continue for a period of five (5) years through and including March 31, 2019. j(2) TERMINATION BY TOWN. Notwithstanding anything to the contrary in this I lease, the Town shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to Landlord; and upon such termination, each party shall perform all of its obligations under this lease through and including the effective date of such termination. I (3) TERMINATION BY LANDLORD. Notwithstanding anything to the contrary in this lease, Landlord shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to the Town, provided that upon such termination, Landlord shall pay to the Town the percentage of the cost paid by the Town for capital improvementsupon themisedPxeniss"µring the term of this Lease based upon the effective f 20A DC'Kii Wil,MR',IGTOi% NC -3- of termination of this lease as follows: Lease Year I = 100%, Lease Year 2 = 75%, Lease 3 = 50%, Lease Year 4 = 25%, Lease Year 5 = 0%, and Lease Years 6 and beyond = 0%; the express condition that the said payment by Landlord to the Town shall not exceed the int of rent paid by the Town during the Lease Year of such termination by Landlord; and such termination, each party shall perform all ofits obligations under this lease through and the effective date of such termination. (4) RENTAL. During the term hereof, the rental for the Demised Premises shall be the iumofTwentyFiveThousandandno/100Dollars($25,000.00)peryear,payableinadvance witliout demand, beginning on the date of this lease and continuing on each anniversary thereof. (5) PERMITTEDUSES. During the term hereof, the Demised Premises shall be used by the Town only for purposes of operating parking lot ("Parking Facilities"), and for no other use br purpose without the Landlord's prior written consent, which shall be granted or withheld in Landlord's sole and subjective discretion. The Town -is authorized to construct bicycle racks 'on the Property. The Tenant shall comply with all laws, ordinances, codes and regulations Property and the permitted use upon the Property. i (6) TAXES AND ASSESSMENTS. During the term hereof, Landlordshallpromptly pay any and all real estate taxes and assessments imposed or levied upon the Demised Premises by any public authority. j j (7) UTILITIES AND OPERATING EXPENSES. During the term hereof, the Town and promptly pay for any and all utilitiesconsumed or used in connection with the Premises. The lack_ ofavatlablhty oE'or failure of utility service shall not be deemed 'hUMIW—^,,Tt0Nr NC - a -constructive eviction. The Town agrees to pay all expenses associated with operating and maintaining the Demised Premises and the Parking Facilities, including landscape maintenance, trash, rubbish and debris removal, general maintenance, insurance and other charges imposed by(]aw or against the Demised Premises as part of the Town's obligations hereunder. (8) PERMITS. During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities. (9) INSURANCE. During the term hereof, the Town shall maintain and promptlypay allpremiums for public liability insurance coverage upon the Demised Premises with such company as is approved by Landlord. Such public liability policy shall name both Landlord and the Town as insureds and have limits of at least Five Hundred Thousand Dollars ($ 500,000) for i inJ1 or death to any one person, One Million Dollars ($1,000,000) for any one accident, and Ury One Hundred Thousand Dollars ($100,000) with respect to damage to property. Such policy shall provide for at least ten (10) days prior notice to Landlord of cancellation. The Town shall provide Landlord with written verification of such policy and payment of all premiums. (10) LANDLORD NOT LIABLE. FOR DAMAGES OR INJURIES.. Landlord shall not be responsible to the Town or to any other person, firm, partnership, association or corporation for damages or injuries by virtue of or arising out of any condition or use of the Ddmised.Premiscs or by virtue of earthquakes, riots, windstorms, overflow ofwater from surface drainage, rain, water, fire, or by the elements, or acts of God, or by the neglect of any person, I firm, partnership, association or corporation. bEy 4 3 20% i`.,, Ua `:�'] y�il i N -5- (11) INDEMNIFICATION OF LANDLORD. The Town agrees to indemnify and save rd harmless from and against any and all liabilities, obligations, damages, penalties, costs, charges and expenses, including reasonable attorney's fees, by or on behalf of any fi m or corporation, arising from the conduct of any activity or thing whatsoever done on 'the Demised Premises and will further indemnify and save Landlord harmless from and and all claims arising during the term of this lease from any condition ofthe Demised Premises, which condition was known to the Town, or in the exercise of reasonable care should have been known to the Town, or arising from any act ofnegligence of the Town, or any of their agents, employees, servants, sub -lessees, licensees or invitees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring in or on the Premises, from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and the Town, upon notice Landlord, covenants to defend such action or proceeding by counsel satisfactory to at the expense of the Town, provided that any counsel prescribed by an insurance of the Town shall be deemed counsel satisfactory to Landlord. (12) SIGNS. The Townmay place, erect and maintain only those signs on or about the which have been approved by Landlord and which are in compliance with all laws and regulations. The Town shall pay for installing, maintaining and removing signs and shall repair all damage caused by the installation or removal of such signs. (13) TENANT'S ACCEPTANCE AND USE OF DEMISED PREMISES. The Town I has inspected the Demised Premises and agrees to accept the Demised Premises in its existing r� SCP U Clfi I I condition. The Town may use the Demised Premises only for the purpose of providing to the general public a means of access to the beach and the ocean which adjoin the Demised Premises and the parking of automobiles for persons using the said public beach and ocean. (14) OBSERVANCE OF LAWS AND ORDINANCES. The Town willabide by and obey the laws of the United States, the State of North Carolina, and all laws, ordinances and regulations of Onslow County and the Town which may affect or relate to the use or occupancy of the Demised Premises. (15) CLEANLINESS. The Town shall at all times keep the Demised Premises in a reasonably clean, neat and orderly condition and shall keep the entry -ways adjoining the Demised Premises reasonably clean and free from rubbish and dirt. The Town will not make or suffer any waste of the Demised Premises or permit anything to be done in or upon the Demised Premises creating a nuisance thereon. i (16) DAMAGE OR DESTRUCTION BY CASUALTY. If the Demised Premises should be damaged or destroyed by any casualty, Landlord shall have the right and option to cancel this agreement without any liability or obligation to the Town. i (17) LANDLORD'S ENTRY. Landlord shall have the right to enterupon the Demised PremI ises at all reasonable times during the term of this lease for the purposes of inspection, mair ntenance, repair and alteration, and to show the same to prospective tenants or purchasers. (18) ASSIGNMENT BY TENANT. The Town shall not assign this lease or sublease the Demised Premises without the prior written consent of Landlord which consent shall be in Landlord's sole discretion, nor shall the Townpermit occupancy ofthe Demised Premises by any `A? 'W¢Ls1r1HNGMNe NC -7- oth r party except in connection with the Town's use and occupancy of the Demised Premises as a�Parking Facility (ie., allowing automobiles to be parked on the Demised Premises for a fee). (19) TENANT'S ALTERATIONS. As of the date of this Lease, a crosswalk and Iotissituated upon the Demised Premises. The Towncovenantsand agrees not tomake, or permit to be made, any alterations, improvements or additions of any kind to the Demised including, but not limited to, the erection or installation of any building or structure, with the prior written consent of Landlord which consent shall be in Landlord's sole All alterations, improvements and additions to the Demised Premises shall be made in accordance with all applicable laws and shall become the property of Landlord and be with the premises at the termination of this lease. Ifprior to the termination of this or within fifteen (15) days thereafter, Landlord in its sole discretion so directs, the Town additions, improvements, fixtures, and installations which were placed the Demised Premises by the Town and which are designated in said notice and repair any occasioned by such removal, and in default thereof, Landlord may effect said removals and Irepairs at the Town's expense. In the event of making such alterations, improvements, as herein provided, the Town shall indemnify and save harmless Landlord from all gxpense, liens, claims, or damages to either persons or property arising out of, or resulting the undertaking or making of said alterations, additions, and improvements. (20) REPAIRS. The Town shall maintain the DemisedPremisesingood condition and make all repairs to the Demised Premises which shall become necessary during the term T. In the event The Town fails to make such repairs in a timely manner, Landlord may SEP 0 3 2011l -8- make such repairs, and shall be reimbursed for same by the Town. No changes of a structural nature shall be made to the Demised Premises without the prior written consent of Landlord, wliich consent shall be in Landlord's sole discretion. (21) TITLE OF DEMISED PREMISES, The Demised Premises are let subject to the state of title thereof existing as of the commencement of the term of this lease, to any state of facts which an accurate survey or physical inspection shall show, to all zoning regulations, resi trictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by an governmental authority having jurisdiction and in their then existing condition withoutrepresentation orwananty byLandlord, exceptLandlord warrants that it has good and marketable title to the Demised Premises, free and clear of all encumbrances, except real estate taxes for the current year, easements and restrictions of record, and Deeds of Trust of record in the Onslow County Registry. (22) QUIET ENJOYMENT. Except as provided herein, Landlord covenants and agrees thatthe Town, by paying the rents herein reserved and observing, keeping and performing the covenants herein contained shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Demised Premises for and during the full term of this lease. (23) HOLDING OVER. Any holding over after the expiration of the term ofthis lease, with the consent of Landlord, shall be construed to be a tenancy from month to month at the rent i herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as provided. 1' 20A -. :. 1.�,,.. �a9itiiisi�l�dt_���i, 9 KIM (24) EXPIRATION OF LEASE. The Town covenants and agrees to take good care of the Demised Premises and upon the termination or expiration of this lease, including any thereof; to surrender the said Demised Premises in as good a condition as it is in at the of this lease, ordinary wear and tear excepted. (25) DEFAULT AND FORFEITURE. The Town shall be in default of this Lease (i) if the Town shall £ail to pay any installment of rent when due and shall fail to remedy such for a period of ten (10) days after notice from Landlord or (ii) if the Town shall fail to any of the other terms, conditions or provisions of this lease and shall fail to remedy default for a period of thirty (30) days after notice from Landlord or (iii) if the Town . Demised Premises. Upon such default, Landlord may declare this lease terminated and take possession ofthe Demised Premises withoutprejudice to otherlegal rights and remedies the right to recover from the Town all rent and other sums due under this Lease up to the time of such entry. In the event of any such default and possession and entry by Landlord, may re -let such Demised Premises for the remainder of said term for the highest rent and may recover from the Town any deficiency between the amount so obtained, as as all necessary and incidental expenses in connection with such re -letting, including limitation, all repossession costs and legal expenses. Said entry and re -letting by shall be without prejudice to Landlord's other legal rights and remedies. (26) BANKRUPTCY. In the event that the Town shall be adjudicated as bankrupt or a ten Iiporary or permanent receiver is appointed for the Town in any federal or state court or the become involved in insolvency or liquidation proceedings, Landlord shall 7 SEP 0 3 2014 r-�r ;iry ": J1i..s?tlo'4 i'.•;�'i'i31 s :. -10- have the right and option, to immediately declare this contract and lease null and void and take possession of the Demised Premises without prejudice to any other legal rights and remedies. (27) NON -WAIVER. The failure of Landlord or the Town to enforce strict performance on the part of the other party with respect to the obligations of either of them under this lease shall not be deemed to be a waiver of the rights herein set forth and the same continue and remain in full force and effect. The receipt of any rent by Landlord from the Town shall not operate as a waiver of the right ofLandlord to enforce the payment of additional rent due under this agreement or any of the other obligations of this lease by such remedies as may be appropriate. i (28) CONDEMNATION. If all or any part of the Demised Premises is acquired by any public authority having the statutory power of eminent domain or by private purchase in lieu of condemnation, Landlord shall be entitled to all payments for damages against such condemning authority for the taking of its property rights. Ifpart of the Demised Premises shall be acquired by! condemning authority and the part taken is not sufficient to materially affect the use of the Demised Premises by the Town, the rental hereunder shall not abate. If all or such a substantial part of the Demised Premises is acquired so that the Town can no longer reasonably use the Demised Premises, the Town may, at its option, terminate this lease. (29) SUBORDINATION. The Town will, upon request by Landlord, subject and subordinate all or any of its rights under this lease agreement to any and all mortgages and deeds of trust hereafter placed on the Demised Premises are a part; provided, however, that the Town will not be disturbed in the use or enjoyment of the Demised Premises so long as it is not in I SEP 0 3 20A - " ld119 Ail RgGl'iti`-NN NC. hereunder. The Town agrees that this lease agreement shall remain in full force and notwithstanding any default or foreclosure under any such mortgage or deed of trust and it will attorn to the mortgagee, trustee or beneficiary of such mortgage or deed of trust and its successors or assigns and to the purchaser or assignee under any such foreclosure. The Town upon request by Landlord, execute and deliver to Landlord or to any other person ated by Landlord any instrument or instruments required to give effect to the provisions paragraph. (30) RIGHT OF FIRST REFUSAL. If during the term of this Lease or any extension the Landlord shall receive a bona fide offer to purchase the Demised Premises; which is a eptable to Landlord, the Landlord agrees that the Town shall have and is hereby granted an option to purchase the Demised Premises upon the same terms and conditions thereof, and the Town may exercise its option to purchase said property at any time within thirty (30) after notice of such bona fide offer is given to the Town. If the Town shall elect to exercise option, the Town shall do so by giving notice in writing to the Landlord within such thirty day period and a contract of sale containing said terms and conditions shall be executed by the parties and closed within thirty (30) days thereafter. Upon the failure of the Town to exercise theoption within said thirty (30) day period as provided in this article, then the Town's option to purchase shall terminate and the Landlord may sell the Demised Premises to such third party the said terms and conditions, provided that such sale shall not relieve or release such third party from abiding by the other terms and conditions of this Lease. -12- (31) TRANSFEROF LANDLORD'S INTEREST. In the eventofthe sale, assignment or transfer of the Demised Premises by Landlord to a successor in interest, who expressly assumes the obligations of Landlord hereunder, Landlord shall thereupon be released or discharged of all of its covenants and obligations hereunder, except such obligations as shall have accrued prior to any such sale, assignment or transfer and the Town agrees to look solely to such successor in interest of Landlord for performance of such obligations. (32) NOTICES. Any and all notices given in connection with this Lease Agreement shall be deemed adequately given only if in writing and addressed to the party for whom such notices are intended at the address set forth below. All notices shall be sent by personal delivery, Fed Ex or other overnight messenger service, or by first class certified mail, postage prepaid, return receipt requested. A written notice shall be deemed to have been given to the recipient party on the earlier of (a) the date it is delivered to the address required by this Agreement; (b) the idate delivery is refused at the address required by this Agreement; or (c) with respect to notices sent by mail, the date as of which the postal service indicates such notice to be undeliverable at the address required by this Agreement. Any and all notices referred to in this Agri eement, or that either party desires to give to the other, shall be addressed as follows: For Landlord: Topsail Beach, LLC and RAJDC Holdings, Inc. Attention: Robert A. Jeffreys, Manager / President 2026 U.S. Highway 70 West Goldsboro, N.C. 27530 For the Tenant: Town Manager Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 S -13- Any party hereto may, by notice given hereunder, designate any further or different addresses f to which subsequent notices or other communications shall be sent. I j (33) NATURE AND EXTENT OF AGREEMENT. This instrument contains the complete agreement ofthe parties regarding the terms and conditions of the lease ofthe Demised Premises and there are no oral or written conditions, terms, understandings or other agreements pertaming thereto which have not been incorporated herein. This instrument creates only the relationship of lessor and lessee between the parties hereto as to the Demised Premises and notI e ing herein shall in any way be construed to impose on eitherparty hereto any obligations or restrictions not herein expressly set forth. j (34) MODIFICATION. Any changes or modifications of this Lease must be in wrii ng, and signed by the parties hereto. (35) WAIVER. No delay or failure by either party to enforce or exercise any rights or i remedies hereunder shall constitute a waiver of such right or remedy, nor shall any single or I ; partial exercise ofa right or remedy preclude any other or further exercise ofrights and remedies. (36) GOVERNING LAW. This lease shall be governed by, construed and enforced in accordance with the,lawS gftbe Mate ofNorth!:Caroli".. (37) BINDING EFFECT. This lease agreement shall be binding upon and shall inure to the benefit of the.• arties hereto and their, respective, successors and assigns. INtk ; l ,r e U ,, SEP 0 3 2014 -14- IN WITNESS WHEREOF, the parties hereto have executed this lease agreement, in duplicate originals, this the day and year first above written. TOPSAIL BEACH, LLC (Landlord) By; 1 (Seal) El en hoys bland, Member/Manager RAJDC HOLDINGS, INC. (Landlord) l By; (Seal) Robert A. Jeffreys, Pi i TOWN OF NORTH TOPSAIL BEACH (Tenant) t By; amd %[Unq ._(Seal) Mayor has been preaudited In the manner required wemment Budget and Fiscal ConlrolAct G1. Snncc n Date IR F W, reA'l EE k SEA' 0 3 20% i/sr.+id� �lY E1,.v �i�9 F5`et l�i4r�42. t�`3� OF NORTH CAROLINA AMENDMENT OF LEASE AGREEMENT OF WAYNE THIS AMENDMENT OF LEASE AGREEMENT (hereinafter referred to as the dment") is made and entered into effective the first day of April, 2014, by and between UL BEACH, LLC, a North Carolina limited liability company with its principal place of is in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina ttion with its principal place of business in Wayne County, North Carolina, (hereinafter 1 to collectively as the "Landlord"), parties of the first part; and TOWN OF NORTH AIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the ), party of the second part; WITNESSETH: WHEREAS, Landlord and Town entered into that certain Lease Agreement (hereinafter d to as the "Lease') dated April 1, 2014, concerning the real property therein described; WHEREAS, Landlord and Town desire to amend the Lease as set forth below; NOW, THEREFORE, basedupon thepremises and forgood and valuable consideration, ,eipt and sufficiency of which is hereby acknowledged, Landlord and Tenant covenant and that the Lease is amended as follows: (1) DEMISED PREMISES. Topsail Beach, LLC owns that certain real property on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel r 769-4.3, which is described in the Deed recorded in Book 1187, Page 667 of the Onslow Registry, and said Tax Parcel Number 769-4.3 shall be included along with Tax Parcel rs 769-9.1 and 769-4 in the definition of the "Demised Premises" in the Lease. (2) RENTAL. During the term hereof, the rental for the Demised Premises shall be the sum of Twenty Eight.Thousand and no/100 Dollars ($28,000.00) per year, payable in advance without demand, beginning on the date of this lease and continuing on each anniversary (3) BINDING EFFECT. The provisions of this Amendment shall be binding on and to the benefit of the parties, their legal representatives, heirs, successors, and assigns. (4) WHOLE AGREEMENT. This Amendment contains all of the agreements and representations between the parties concerning the amendment of the Lease. None of the terms of the Lease shall be waived or further modified to any extent, except by written instrument signed and delivered by both parties. Except as amended by this Amendment, the Lease shall be and remain in full force and effect. SEP 0 3 2014 l F,i3 ai?t=.at P :=TON, NC,' (5) GOVERNING LAW. This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. IN TESTIMONY WHEREOF, the parties hereto have caused this Amendmentto be duly executed, effective as of the day and year first above written. TOPSAIL BEACHALC (Landlord) M RAJDC HOLDINGS, INC. (Landlord) By; i _ (Seal) Robert A. Jeffrey P cut TOWN OF NORTH TOPSAIL BEACH (Tenant) By; .a' (Seal) Mayor This Instmmenl has been preaudlted.In the mannerrequired byThe Local Govemment Oudget and Real CmIdAct. Govemmental UnItHnance08@er i } rA, 2 Date 0141a81a0tY- isignatural resudt Cedlflcale must be dated.) NCDENR North Carolina Department of Environment and Natural Resources Pat Mc rory John E. Skvada, III Gi�r Secretary September 4, 2014 LETTER OF APPROVAL WITH MODIFICATIONS RECEIVED J AND PERFORMANCE RESERVATIONS o I! SEP 12 2014 TOWN OF NORTH TOPSAIL BEACH ATTN:i STUART TURILLE DCAi-MJiDCTTi+ 2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 RE: Project Name: TOWN OF NORTH TOPSAIL BEACH PARKING LOTS - EXPRESS Acres Approved: 4.91 Project ID: ONSLO-2015-021 County: Onslow, City: North Topsail Beach Address: 3960 River Road Rd. River Basin: White Oak RECEIVED stream Classification: Other OCM WILMINGTON NC ubmitted By: Charles Riggs, PLS, Charles F. Riggs & Associates, Inc. SEP 0 9 2014 ate Received by LQS: September 2, 2014 Flan Type: Other I Dear Mt. Turille: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of appr�pval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC �B .0129. Please p aware that your project will be covered by the enclosed NPDES Construction Stormwhter General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodiq inspection to ensure compliance with the approved plan. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405•PHONE: 910-796-7215/ FAX: 910-350-2004 Internet: httpiliportai,nGdenr.org/web/irl An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Letter f Approval with Modifications and Performance Reservations Stuart urine Septe 1,er 4, 2014 Page of4 North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protec 'on of existing natural resources and adjoining properties. If, following the comet -ncement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute I I3A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State Water quality laws, regulations, and rules. In addition, local city or county ordinances or rules rray also apply to this land -disturbing activity. This approval does not supersede any other permrt, or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have alureconstruction conference. Your clooperation is appreciated. cc: Sincerely, t Rhonda Hall Assistant Regional Engineer Land Quality Section Certificate of Approval Modifications and Performance Reservations NPDES Permit Charles Riggs, PLS, Charles F. Riggs & Associates, Inc., PO Box 1570, Jacksonville NC 28541 RECEIVED 0CM WILMINGTON, NC S E P 0 9 2014 RECEIVED SEP 12 2014 ACM^MHDCUY Letter �f Approval with Modifications and Performance Reservations Stuart Turille September 4, 2014 Page 3 MODIFICATIONS AND PERFORMANCE RESERVATIONS "ame: TOWN OF NORTH TOPSAIL BEACH PARKING LOTS ): ONSLO-2015-021 Onslow 1. is plan approval shall expire three (3) years following the date of approval, if no land -disturbing ivity has been undertaken, as is required by Title 15A NCAC 413.0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 1 4. Tlie developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in co npliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the mijkMFE6diment will not occur. If that relocation presents a problem or contradicts any *uiret"lbK30T*N,0lQR, the Corps, or the EPA, it is the responsibility of the developer to in rm the Land Qua�lity Section regional office so that an adequate contingency plan can be made to as4ure suf6EkFhtQrBsiH�1{kontrol remains on site. Failure to do so will fpsP olation of this approval. E12 9n+4 DCM41tHD ITY Letter of Approval with Modifications and Performance Reservations Stuart Turille Septe4ber 4, 2014 Page I of 4 6. 4ny borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits. Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 4.91 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, Would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart. 9. graveled construction entrance must be located at each point of access and egress available to c nstruction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical. 10. As a condition of the provided NPDES General Stormwater Permit, groundcover stabilization must meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are steeper than 3 horizontal to 1 vertical left exposed will, within seven (7) calendar days after completion of any phase of grading, be provided with groundcover. Slopes that are 3 horizontal to 1 vertical or flatter will be provided with groundcover within fourteen (14) calendar days. 11. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.](e). �o RECEIVED DCM WILMINGTON, NC SEP o 9 2014 rSRECPWED EP 12 2014 DCM-MHDCrry M1(Domestic MailOnly; overager i11,11 ITC I -A L S• n jj m Postage a $3.313 15 LU m CenlOed Fee 42.70 C3 Ratum Receipt Fed >ossark .,. t1 O (Endorsement Required) sl)•0f) 0 6f lw p 0„/0 Restricted Delivery Fee •.� (EntlorsemenI Required) V fu Totel Postage & Fees $ ru _. Er o o _._. _. r __ur ._. M1:�P ,�; f�3 m EI1 o Po sox No. /� z� 44 TWI 5 /vL it1� W l'1'Vll ?j -Ci4 •. m ME t g S rR Postage 8 00 15 Ce rified Fee M C3 Retum Receipt Fee Postmark me. C3 (Entlorsement Required) C3 Restricted Delivery Fee S.. C3 (Endorsement Required) in Postage S Fees $ 67.61 08/06/2014 Rl Total ru nr o r u. Q � t7 1:3arPo�x No. .�4-a.�1.....M'_l1. _' .. ............... _____________________ Clry, Sfere, LPiq I �' DID P I D4b PS Form 3800. August 2006 See Reverse for Instructim, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the frcr%itsppGg permits. 1. Article Addressed A. Signature X — ❑Agent ❑ Addresses r B. Rece by (Printed Name) � Date of Delivery D. Is delivery address different from item 1? ❑ Ye; If YES, enter delivery address below: ❑ No QS:" Ist NrQ3 2014 1 tap Ki I 14N ci;b -PS-4 Nc 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express'" V � - ❑ Registered ❑ Return Receipt for Memhandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Ankle Number �IDl rn (/rfmservice Iabe) 54 PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: mr. t1v'IIts``���a�jj �40 1) nail( �C 1 C� A. Siprre, I{ 1',' �a,rn Agent by (Printed Fame) I C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No Ivr_u - -- 3. Service Type ❑Certified P11fr ikgiI Express" ❑ Regis? ipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted DgjiygryQfAM1I1fflX-NN, INCYes 2. Article Number -7V C)5 62,25o b o () 7 (Transfer fmm service labep _ PS Form 3811. July 2013 Domestic Return Receipt ERROR: typecheck OFFENDING COMMAND: ge STACK: /terminate -dictionary- -dictionary- CAMA site 3 I' ; 1 I L.: t: "_ MAJOR CAMA, NC STATE STORMWATER & EROSION AND SEDIMENTATION CONTROL PLAN TOWN OF NORTH TOPSAIL BEACH PARKING AUGUST 2014 RECEIVED SEP 12 2014 DCM-MHDCITY On behalf of The Town of North Topsail Beach, Charles F. Riggs & Associates, Inc. submits this narrative for all permits, Division of Coastal Management's Major CAMA, NC State Stormwater Management and Erosion & Sedimentation Control Pans pertaining to the construction of new parking lots in the North Topsail Beach area. General Project Overview: The Town of North Topsail Beach proposes to create new and expand existing parking capacity on four non-contiguous sites along Hwy 210 (Island Drive), New River Inlet Road and River Road in Onslow County. Site # 1: 3.47 Acres, terminus of River Road, (town owned) Site # 2: 11.308 Acres, across from Town Hall building on New River Inlet Road, (leased) Site # 3: 4.947 Acres, across from Rogers Bay Campground on Island Drive., (leased) Site # 4 - 0.35Acres, 0.3 Miles north of Second Avenue on Island Drive, (town owned) Two sites are owned by Town of North Topsail Beach and the other two are on long term leases. The sites will vary in the use of asphalt, impervious and pervious gravels for parking areas. Each site will connect with a public road via a paved apron and will provide restroom facilities along with other amenities. Soil testing was performed by Land Management Group, Inc. (LMG) to ascertain the soil type quality for infiltration rates. A permit scoping meeting of May 19, 2014 determined a Major CAMA, State Stormwater and Erosion Control Permits were required for the development of the parking areas of the four sites. Sites 1, 2 & 4 would be allowed for an Express Major CAMA Permit and Site 3 would be handled as a Standard CAMA Permit. For Stormwater and Erosion Control Permits the sites will collectively be considered a common plan of development and the permit can be expressed. Water Quality is requiring testing and evaluations of the sites by a Licensed Soil Scientist for infiltration of the sub base where the pervious stone is to be placed in order to properly permit the stormwater as Low Density. Sites 1 & 4 have 404 wetlands and have been approved by the USACE. Site 4 has Coastal Wetlands as delineated by Jason Dail. NC DOT will require driveway permits on sites 2,3,4. The development sites have: i. no known previous or existing stormwater management SEP ii. no known previous or existing erosion and sedimentation control permit 03 2014 DCiVi MLMiNGTON. NC i iii. no known non-compliance issues with Onslow County or DENR Agencies RECEM iv. not been identified as a historic site V. public monies are used in the development rSEP 12 2014 tl Site 3: D04-MADE Existing Conditions: This is a leased site. A boundary and topographic survey has been performed including the field survey of necessary information required by the Division of Coastal Management. The existing site has 850' of road frontage is vacant of all structures except for an existing gravel parking lot comprising approximately 200' of road frontage; the remaining area consists of sparse vegetation of grasses/shrubs on a sandy flat terrain with a very well defined, mature dune line separating the uplands from beach/ocean. The existing parking lot has one wood beach walk over the dune access beach on south western portion; a wood beach walk is located on the northeast part of the property. The site has an existing asphalt path running parallel to the ocean that connects both ends of the property; this was the original beach road before island was built. The project site is bounded to the north by Island Drive (NC Hwy 210 - public -asphalt) with Roger's Bay Campground across Hwy 210 and St. Moritz Condos, south and east by the Atlantic Ocean, northwest by single family residential lots. Per LMG report, soil types on the project area are mapped as Newhan-corolla Urban Land Complex in the Soil Survey of Onslow County (USDA 1992). Actual soil borings confirm the soil to be a combination of hurricane over wash, gravel and coarse/fine loamy fill sediment over the Newhan soil series. Newhan soils are well to excessively well drained sandy fluvial marine sediments with rapid to very rapid infiltration. In areas north of the proposed beach walk, 1.5 to 2.0' of fill material will lessen infiltration. Infiltration rate of existing material was 14.25 in/hr and LMG recommended utilizing 7.13 in/hr for design purposes. Approximate Mean High Water Line (MHWL) was surveyed as 1' foot (NAVD88). The project is in Primary Surface Water Classification SB Proposed Improvements: The parking design proposes 75 new spaces in addition to the approximately existing 26 parking and complimentary amenities such as: restrooms with screening, bike rack, outdoor shower and water spigot for rinse down along with one wood dune handicap accessible ramp and dune crossover for beach access. The parking lot is combination of ABC stone (impervious) and pervious gravel. One new driveway connection to an existing public NCDOT street will have asphalt apron; gates will be installed to limit access to Town determined hours of operation. The existing parking lot entrance will be relocated slightly to align with the Roger's Bay Campground entrance road across NC Hwy 210 while the existing marked cross walk will remain unchanged. As much of the existing, stable and significant vegetation as possible along Hwy 210 will be undisturbed. The existing dune crossover near St. Moritz that is used by Roger's Bay Campground will not be incorporated as a pedestrian access for the new parking lot and will be blocked with new vegetation screening/buffering. Any impervious surface will be divided by 2' narrow strips of pervious stone to limit the square footage of each area to less than 5000 square which eliminates the need to double the 60' small CAMA setback to 1�1 C"t: - iVED SEP 0 3 2014 DCM WILMINGTON, N 120' large CAMA setback. The CAMA setback establishes extent and limits for new improvements similar to parking lots. Site is readily served by both ONWASA for water and Pluris for sewer. Public monies are used in the development. Approximate Mean High Water Line (MHWL) was surveyed as F foot (NAVD88). CAMA Permit: The topographic map shows the established existing dune structure's toe -crest -toe. Being consistent with current practices in the area and experience, the approximate NHWL was established at P NAVD88. Division of Coastal Management reviewed the Riggs' flagging of the First Line of Stable Natural Vegetation which establishes 60' small structure CAMA setback. Erosion rate is less than 2 feet per year so the minimum setback of 60 feet is used for small structures since the impervious surfaces will be divided into less than 5000 square feet sections. Intent of site grading landward of the 60' small structure setback is "dune redistribution". Under Coastal Resources Commission's Ocean Hazard AEC, this project is deemed Ocean Erodible, High Hazard Flood and Inlet Hazard areas. Stormwater Permit: Stormwater is proposed as Low Density with sheet flow infiltrating in the sand adjacent to the asphalt parking and in the pervious stone strips. Requested geotechnical study was performed by a Licensed Soil Scientist and design infiltration rate of 7.13 in/hr is adequate to effectively infiltrate all runoff on -site. nnl� Erosion Control Permit: !r Erosion and Sedimentation measures will utilize Best Management Practices to prevent erosion into adjoining parcels and to assist the stabilization of the project site. The land disturbance will consists of removing the small bush and grading throughout P5 6 the new parking and amenity area. The site is sandy and has rapid infiltration from the soil type which will handle the stormwater runoff. All the seeding and monitoring requirements of General Permit NCG010000 will be followed. Also, the project timing will be 1-2 weeks with a very short duration of exposed soil. Erosion Control measures will include flagging the work area for protection of the wetlands and dunes. The short duration of the project and ground stabilization (asphalt or stone) will prevent sediment from leaving site RECEIVED OW SEP 12 2014 EIVED 5EP 0 3 2014 DCM•MHD CITY DCfA WILMINGTON, NC [31 J` • pipe] 0112 El 02065M465 s'tas; Tax ID: 769-9.1 ` r am cmm a1/21yam3 Byl aEstate To, 1 ulw Tax NORTH CAROLINA SPECIAL WARRANTY DEED y, �o Excim Tu:.E �i � d 0 Parcel Identi No. Verified by County on the _ day of 20_ MWVBOxm: L♦ F ' This mstru ent was prepared by: Diehsos McLean, Jr.. dttoroey at Las, L,asherton, BC Brief description far the Index: THIS DEEDmade this lot day of Je17 .200�2 by eedbetween GRANTOR I FREEMAN DIPLSTMEN"rS, INC., a North - I TOPSAIL BEACH. LLC Carolina corporation (successor by rrser to B A E Investments, Inc.) to The designation Graeber and Gram c as used li min shell include mid parties, their heirs, successors, and assigns, and shall include singular, plural. masculine. feminine or resume as required by context. WITNFSSETH, that he Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is h=byachnowledZce has aa: by them presents does grant. bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land anointed in the City of.Stump Smmd Township, Osalos Couty, North Carolina and more particularly described as CoBows: All that certain tract or total area of ahout 6,01 acres. mare cr leas, (ineludiag right of vay of N. C. Bighm y 210) send constraining about 5.27 acres, Dore or leis, (start of right of coy of B. C. Blghwy 210), described to deed recorded In book A67^ Page 553, sOt_JOJ Cma(t. t$E4the description of said PrCEIVED SEP 0 3 2014 PCM WILMINGTON, NC kk SEP 12 2014 t I)CM--MAD CITY Book: 2065 Page, 1977-Current: 465 Seq: 1 1 822065011466 TO 14AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging the Grarnee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing W impair such title as Gramm received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: IN WITNESS WHEREOF, the Grantor ha duly executed the foregoing as of the day and year first above wrlout. FREEMAN INVEI d'Ss INC. (inteesaor by verger to _(Entity Name) ■ A B Isreenmeetas Ioe.) ffi� Startrr oflq&lhl olina-County of 1 Ne mdersigncd Nobly Public of the County, and Slate dgesaid, certify, that personally appeared before me this day and acknowledged the due elff elation ofthe foregoing instrument for the purposes therein expressed. Witness my hand and Norval stamp er seal this _day of .20 . My Commission Expires: Notary Public 117.9 �t1V I, the undersigned Notary Public of the County and State aforesaid, certify that Rot came before rem Nis Jay anJncknowlcdged Nut hcis Nc President of North Carolina 0 corponrio inappliableA and that by authority duly given and as the act of such entity, _he signed the behalf as its act unddecd. Witness my hand and Notarial sump or seal,this 17tb day of My Commission Expires:`% 01'1, Stata of North Cwlira- County of 1, the undmigned Notary Public of the County and State . Witness mybardand Notarial atamporsetl, this_dayof .Zo_ My Commission Expires Notary Public The fom%wgecnificau(s)of MARCIA F LINDSAYelere first Page hereof: B�¢y , �'�t Register of Deeds for ONSSLOW Canary y. ------ - Deputy/Aaisam- Register of Deeds NC Bar Association Form No. 6 O 1977, 2002 James Williams A, Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.J."Willisms.corn RECEIVED SEP 0 3 2014 DCM WILMINGTON, NC rT ANaCGaraiaa--EP 12 20% CM•M11D CITY Book:2065 Page, 1977-Current: 465 2 Page t of 3 Sfte 3; Tax ID: 769-4 STATE OF NORTH CAROLINA COUNTY OF ONSLOW eooM 394m,816 lr?7 to _5 N 4: 00 ND IMVENE i -10ew,6 7. THIS DEED, made this the 10th day of August, 1997, by and between NORTH TOPSAIL BEACH MOTEL LLC, a North Carolina limited liability company, party of the first pan, and R. A. JEFFREYS DISTRIBUTING COMPANY (formerly Jeffreys Beer and Wine Company), a North Carolina corporation, party of the second pan; WITNESSETH: THAT WHEREAS, the party of the first pan is indebted to the party of the second pan and desires to satisfy and discharge said indebtedness by the conveyance of the lard hereinafter described; and WHEREAS, the party of the second pan has agreed to adept this deed in satisfaction and discharge of all indebtedness owed to it by the party of the first part; NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars ($I0.00) and other valuable considerations paid by the party of the second part to the party of the fast pan, the receipt of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey unto the parry of the second pan, its successors and assigns, those certain lots or parcels of land situated in Onslow County, North Carolina, defined and described as follows: 1. Those certain lots or parcels of land situated in Stump Sound Township, Onslow County, North Carolina, and being more particularly described w follows: BEING all of that portion of Lots 3, 4, 5 and 6 that lies between the Northern right of way line of New NC Highway 210 and Heath Creek as shown on Map 92 of the Division of T.ui if1 of i.,. C. �ti<fcCi r=—_ _ _ _ th' vrulvw I... ••. PC":'•_•. fcN 1'iw iyC �i � ur a,wr, and being the same lots conveyed to North Topsail Beach Motel LLC by deed dated February 18, 1994, which deed is recorded in Book 1167 Page 294 in the Onslow County Registry. n m• • t � .. f Yal,..il � � UfWow County, North Carolina, and being more particularly dexnbed as toliows: 0 • V,ECFWEI) -F 12 2014 )CM -WIND CY (a) Hl:ui}J}INu u at, nun iu a Male J,Oillrem rlgill JI way Ilne Of Nl Islandcamp Inc. recorded in Map Book 3U, Page ja in me Unslow County ! Repiorv; mmmnp thence with the Southern right of wav line of NC Highway 210 North 61 degrees lJ minutes ll sct;onds East lr5 feet to a set trou rod, uience minutes 38 seconds Em 151.89 fat to a set iron rod; thentt South 61 degrees 24 i m:.,..,, t< .W.; —i Ave,. 77n iF fee! inn„ rod in fhr F,e— lint of Lot 3 heretnabove referred to; thence with the Eastern line of said lot North 30 containing 0.95 acres, according to a map prepared by Charles F. Riggs & ng� Flren4•?39A_ oanp 1o77_Clrrrnnl•R?R a Page 2 of 3 eooK1394PesE817 -2- (b) Being all of that 2.62 acre parcel of kind. a portion of Tract 111, Hunter Heath Tnw, as shown on a map recorded in Map Book 30, Page 33 in the Onslow County Registry, and also shown as Tract "B" on a map prepared by Charles F. Riggs & Associates, Inc. recorded in Map Book 31, Page 112 in the Onslow County Registry. The above described lots or parcels of land being the same as conveyed to North Topsail Beach Morel LLC by deed dated September 14, 1994, which deed is recorded in Book 1204, Page 570 in the Onslow County Registry. The conveyance of the above lard is made subject to easements, rights of way and restrictive covenants of record, and to 1997 ad valorem taxes TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the said party of the second pan, its successors and assigns, to their only use and behoof forever. And the said party of the first pan covenants for itself and its successors, to and with the said party of the second part, its successors and assigns, drat it is seized of said premises in fee and has a right to convey the same in fee simple; that the same are free and clear from all encumbrances, except as noted herein, and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, North Topsail Beach Motel LLC, a North Carolina limited liability company, has caused this instrument to be executed by Bradley B. Minshew, Manager and Member, this the day and year first above written. NORTH TOPSAIL BEACH MOTEL LLC By: .%��EAL) Bradley . Minshew, Manager and Member STATE OF NORTH CAROLINA COUNTY OF OrISIa..0 1, leonfffe C- Aurrav) - a Notary Public in and for said State and County, do he* �thar BRADLEY B. MINSHEW, Manager and Member of NORTH TOPSAIL BEAQ1• LLC, a North Caroline limited liability company, personally appeared before ® RECEIVED Flo 4 tic SEP 12 ?r'4 1; Book: 1394 Page, 1977-Current: 816 Seq: 2 Page arcs 94r,�f818 3- me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. ,, i WITNESS my hand and official sea], this the � day of August, 1997. Notary Public �— My commission expires I r(/woo f .fH uorn;r _ - Pt7DUC POWMraaaa4&Ov C w.r Jeanette C. Morrow TMfW" l,.MM-MWM n. *w %W. t. W.1 « w b..ww<e Thw F—W W wn�•m. W rtae.ded ,e�..a u y 1194 iy.—ju_Sth+r• c tr'—"har Ii.i� iw,Y OHM" I M+ UI Stp � 3 p 14 cIW W"""Vo'Ok NC RECEnD rJS EP 12 2f'4 I )CM_ �D crrr i Book: 1394 Page, 1977-Current: 816 Sec 3 Page 1 of t ITax ID: 769-4.3 /I( BOOK 1187PAGE 662 THIS IMUMENT FAESENIED M 1AI RCE PATE -/0- f y1/ V II a CeuLCU LJ. nMYaI.T, nJWtLU, UViJUn Y 1.A1{'1�'.11 j Parcel No• �I WARRANTY DEED II NORTH III CA COUNTYONSIAW COUNTY .'i ISLANDCANP, INC., p North Carolina Corporation, hereinafter w .I referred to an Grantor. And "PRATT. mvar•w rtr a w..'ww n ..,._. Limited Liability Company, hereinafter referred to as Grantee: �(� { W I T N E S S E T H: II gnat me Grantor, for a valuable consideration paid by the Apl o �I Grantee, the receipt of which is hereby acknowledged, has and byi w n Grantee, its successors and assigns, in fee simple, all that Onslow County, North Carolina, and more particularly described as� I STANDS: Ii follows: I� / I Trust and Islandcam Inc dated October S, i593, re areu b I A nw.... ... a nf..... p'___e_L_ __ __,-. .. _ p. p_ _ y r o *�a J,I joint use of the 10 foot Wooden walkway Easement along the I :r:ocr��iai I niynuay Liw Lu U16 Atian LLC fx:edn su long as Grantor maintains the j ACo6:I •m w,.rr ,wn Tn .,,..n .w. _.___.._:� ._. __ __..,_. _...., ... � wee $ all privileges and appurtenances thereto belonging to the Grantee, I its successors and assigns in fee simple. smow. z �. J _ • _. __ _ - - - _. _ .-• .-_ 40'J-�gA TM WITNESS WMF.RFOF. the Grantor has eaunwd this Instrument to V, be signed In Its Corporate name bV Its duly authorised officers .j. :tyI,and its soai to be hereunto artixed by authority of its Hoard of ----�Zwrz, zaa -ay ana year CiraL owvc �i 1LLi-ii. I RECEIVED SEP 12 2014 DCMMHDCITY I v i n r z O z z 0 I Ah F I Pans>nf0 • • NOOK 1187Plfr r9s) 1SLAwOCAHP, INC. BY . Preaident Y I -...II. CAkOLiNA i ONSLOW COUNTY I` I. Ted -I 4c \ __-'Yor t4W ___. __, a Notary Public in and it _ ,:�,w4.. e+.A a4n n�ri P.• ♦..e♦ Veni n.• O Llnl_Ar , personally came before me this day and acknowledged that she is Secretary of Islandcamp, Inc., a North Carolina corporation, ono tnat Ly authoCiCy 'July given anu as Lite ac Ul the !; corporation, the foregoing instrument was signed in its name by I its President, sealed with its corporate seal and attested by him/her as its _ Secretary. I' Witness my hand and official stamps or seal, this Jg�— day ' I Vl VYIIC, ♦�fV I — n - I No ry Publie My c g;i1 n expires: ' ;i STATE OF NORTH CAROLINA, ONSLOW COUNTY '; The foregoinq certiflcate(s) or •leanette C. itirrw '! (are) certified to bq correct. This instrument was presented for ,j registration this +� day of , 19, at 12_78 Y.M. A.M., P.M., and duly recorded in the office of the of lRBeister 187 _- 'I 662. �j This the loth day of]Me , 19.94 ,I REGISTER DEE4 ASSISTANT, DEPUTY ' ji m � q -o I o {r77'1 ,��•• Z 0RECEIVED ^m, N —1 O II _ � O r M EP ]z ? ® rl)CM-MffDCITY f� I' 1 Book: 1187 Page, 1977-Current: 662 Seq: 1 I STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF WAYNE THIS LEASE AGREEMENT is made and entered into effective the first day of April, 2014, by and between TOPSAIL BEACH, LLC, a North Carolina limited liabilitycompany with its principal place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the "Landlord"), parties of the first part; and TOWN OF NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town'), party of the second part; WITNESSETH: That whereas, Topsail Beach, LLC owns that certain real property located on Island Dri�c,North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-9. 1, which is a part of the real property described in the Deed recorded in Book 2065, Page 465 of I the Onslow County Registry, and RAJDC Holdings, Inc. owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4, which is a part of the real property described in the Deed recorded in Book 1394, Page 816 of the Onslow County Registry, (said Tax Parcel Numbers 769-9.1 and 7694 hereinafter referred to collectively as the "Demised Premises"); and Whereas, there presently exists a beach access walkway and parking lot upon the Demised Premises; and RECE" RECEInD ED SEP 0 3 2014 rE P 19 '^14 DCM WILMINGTON, NC DC*M"r)Crry -2- Whereas, the Town desires to lease the Demised Premises for use by the general public as a means of access to the beach and the ocean which adjoin the Demised Premises and for the parking of automobiles; Now, therefore, in consideration of the mutual covenants and agreements herein contained, Landlord does hereby rent and lease the Demised Premises unto the Town and the Town does hereby accept the Demised Premises as the tenant of Landlord, upon the terms and conditions herein set out. TO HAVE AND TO HOLD the Demised Premises unto the Town, subject to the following terms and conditions: (1) TERM. This lease shall begin on April 1, 2014, and unless sooner terminated, shall exist and continue for a period of five (5) years through and including March 31, 2019. (2) TERMINATION BY TOWN. Notwithstanding anything to the contrary in this lease, the Town shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to Landlord; and upon such termination, each party shall perform all of its obligations under this lease through and including the effective date of such termination. (3) TERMINATION BY LANDLORD. Notwithstanding anything to the contrary in this lease, Landlord shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to the Town, provided that upon such termination, Landlord shall pay to the Town the percentage of the cost paid by the Town for capital improvements upon thPemisedPrekuiscs during the term of this Lease based upon the effective SEP 0 3 2014 DCM WILMINGTON, NC RECEIVED RECEIVED SEP 1 SEP 12 M4 ncnt.Mwr,Pr DCUI--*<., �11`Y -3- date of termination of this lease as follows: Lease Year 1 = 100%, Lease Year 2 = 75%, Lease Year 3 = 50%, Lease Year 4 = 25%, Lease Year 5 = 0%, and Lease Years 6 and beyond = 0%; upon the express condition that the said payment by Landlord to the Town shall not exceed the amount of rent paid by the Town during the Lease Year of such termination by Landlord; and upon such termination, each party shall perform all ofits obligations under this lease through and including the effective date of such termination. (4) RENTAL. During the term hereof, the rental for the Demised Premises shall be the sum of Twenty Five Thousand and no/] 00 Dollars ($25,000.00) per year, payable in advance without demand, beginning on the date of this lease and continuing on each anniversary thereof. (5) PERMITTED USES. During the term hereof, the Demised Premises shall be used by the Town only for purposes of operating parking lot ("Parking Facilities"), and for no other use or purpose without the Landlord's prior written consent, which shall be granted or withheld in Landlord's sole and subjective discretion. The Town is authorized to construct bicycle racks on the Property. The Tenant shall comply with all laws, ordinances, codes and regulations regarding the Property and the permitted use upon the Property. I (6) TAXES AND ASSESSMENTS. During the term hereof, Landlord shall promptly pay �ny and all real estate taxes and assessments imposed or levied upon the Demised Premises by any public authority. (7) UTILITIES AND OPERATING EXPENSES. During the term hereof, the Town shall provide and promptly �,pay for any and all utilities consumed or used in connection with the Demised Premises. The link failure of utility service shall not be deemed SEP 0 3 2014 RECEIVED :ivi WILMINGTON, NC r,DC.V,MHDcrry EP 12 -4- constructive eviction. The Town agrees to pay all expenses associated with operating and maintaining the Demised Premises and the Parking Facilities, including landscape maintenance, trash, rubbish and debris removal, general maintenance, insurance and other charges imposed by law or against the Demised Premises as part of the Town's obligations hereunder. (8) PERMITS. During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities. (9) INSURANCE. During the term hereof, the Town shall maintain andpromptly pay all premiums for public liability insurance coverage upon the Demised Premises with such company as is approved by Landlord. Such public liability policy shall name both Landlord and the Town as insureds and have limits of at least Five Hundred Thousand Dollars ($500,000) for injury or death to any one person, One Million Dollars ($1,000,000) for any one accident, and One Hundred Thousand Dollars ($100,000) with respect to damage to property. Such policy shall provide for at least ten (10) days prior notice to Landlord of cancellation. The Town shall provide Landlord with written verification of such policy and payment of all premiums. (10) LANDLORD NOT LIABLE FOR DAMAGES OR INJURIES. Landlord shall not be responsible to the Town or to any other person, firm, partnership, association or corporation for damages or injuries by virtue of or arising out of any condition or use of the DemisedPremises orby virtue ofearthquakes, riots, windstorms, overflow ofwater from surface drainage, rain, water, fire, or by the elements, or acts of God, or by the neglect of any person, firm, partnership, association or corporation. a > MM V1DCM.WMCrrY EP122014 SEP 0 3 2014 DCM WILMINGTON, NC -5- (11) INDEMNIFICATION OF LANDLORD. The Town agrees to indemnifyand save Landlord harmless from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorney's fees, by or on behalf of any person, firm or corporation, arising from the conduct of any activity or thing whatsoever done on the Demised Premises and will further indemnify and save Landlord harmless from and against any and all claims arising during the term of this lease from any condition of the Demised Premises, which condition was known to the Town, or in the exercise of reasonable care should have been known to the Town, or arising from any act of negligence of the Town, or any of their agents, employees, servants, sub -lessees, licensees or invitees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring in or on the Demised Premises, from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and the Town, upon notice from Landlord, covenants to defend such action or proceeding by counsel satisfactory to Landlord, at the expense of the Town, provided that any counsel prescribed by an insurance carrier of the Town shall be deemed counsel satisfactory to Landlord. (12) SIGNS. The Town may place, erect and maintain only those signs on or about the De Imised Premises which have been approved by Landlord and which are in compliance with all applicable laws and regulations. The Town shall pay for installing, maintaining and removing any such signs and shall repair all damage caused by the installation or removal of such signs. (13) TENANT'S ACCEPTANCE AND USE OF DEMISED PREMISES. The Town has inspected the Demised Premises and agrees to accept the Demised Premises in its existing RECENED SEP 03 1014 rwzmm EP 12 DCM WILMINGTON, NC C17Y -6- condition. The Town may use the Demised Premises only for the purpose of providing to the general public a means of access to the beach and the ocean which adjoin the Demised Premises and the parking of automobiles for persons using the said public beach and ocean. (14) OBSERVANCE OF LAWS AND ORDINANCES. The Town will abide by and obey the laws of the United States, the State of North Carolina, and all laws, ordinances and regulations of Onslow County and the Town which may affect or relate to the use or occupancy of the Demised Premises. (15) CLEANLINESS. The Town shall at all times keep the Demised Premises in a reasonably clean, neat and orderly condition and shall keep the entry -ways adjoining the Demised Premises reasonably clean and free from rubbish and dirt. The Town will not make or suffer any waste of the Demised Premises or permit anything to be done in or upon the Demised Premises creating a nuisance thereon. (16) DAMAGE OR DESTRUCTION BY CASUALTY. If the Demised Premises should be damaged or destroyed by any casualty, Landlord shall have the right and option to cancel this agreement without any liability or obligation to the Town. (17) LANDLORD'S ENTRY. Landlord shall have the right to enter upon the Demised Premises at all reasonable times during the term of this lease for the purposes of inspection, maintenance, repair and alteration, and to show the same to prospective tenants or purchasers. (18) ASSIGNMENT BY TENANT. The Town shall not assign this lease or sublease the Demised Premises without the prior written consent of Landlord which consent shall be in Landlord's sole discretion, norshall the Townpermit occupancy ofthe Demised Premises by any F I ° RECEIVED SEP 0 3 2014 rnCAINHOCITY P 12 2014 "`M WILMINGTON, NC -7- other party except in connection with the Town's use and occupancy of the Demised Premises as a Parking Facility (ie., allowing automobiles to be parked on the Demised Premises for a fee). (19) TENANT'S ALTERATIONS. As of the date of this Lease, a crosswalk and parking lot is situated upon the Demised Premises. The Town covenants and agrees not to make, or permit to be made, any alterations, improvements or additions of any kind to the Demised Premises, including, but not limited to, the erection or installation of any building or structure, except with the prior written consent of Landlord which consent shall be in Landlord's sole discretion. All alterations, improvements and additions to the Demised Premises shall be made in accordance with all applicable laws and shall become the property of Landlord and be surrendered with the premises at the termination of this lease. If prior to the termination of this lease, or within fifteen (15) days thereafter, Landlord in its sole discretion so directs, the Town shall promptly remove the additions, improvements, fixtures, and installations which were placed upon the Demised Premises by the Town and which are designated in said notice and repair any damage occasioned by such removal, and in default thereof, Landlord may effect said removals and repairs at the Town's expense, In the event of making such alterations, improvements, and/or additions as herein provided, the Town shall indemnify and save harmless Landlord from all expense, liens, claims, or damages to either persons or property arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. (20) REPAIRS. The Town shall maintain the Demised Premises in good condition and shall make all repairs to the Demised Premises which shall become necessary during the term hereof. In the event The Town fails to make such repairs in a timely manner, Landlord may iRECEM RECEIVED SEP 0 3 2014 tnlickvm P 12 2N C1Ty ^rnA WILMINGTON, NC -8- make such repairs and shall be reimbursed for same by the Town. No changes of a structural nature shall be made to the Demised Premises without the prior written consent of Landlord, which consent shall be in Landlord's sole discretion. (21) TITLE OF DEMISED PREMISES. The Demised Premises are let subject to the state of title thereof existing as of the commencement of the term of this lease, to any state of facts which an accurate survey or physical inspection shall show, to all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by an governmental authority having jurisdiction and in their then existing condition without representation or warranty by Landlord, except Landlord warrants that it has good and marketable title to the Demised Premises, free and clear of all encumbrances, except real estate taxes for the current year, easements and restrictions of record, and Deeds of Trust of record in the Onslow County Registry. (22) OUIET ENJOYMENT. Except as provided herein, Landlord covenants and agrees that the Town, by paying the rents herein reserved and observing, keeping and performing the covenants herein contained shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Demised Premises for and during the full term of this lease. (23) HOLDINGOVER. Any holding over afterthe expiration of the term of this lease, with the consent of Landlord, shall be construed to be a tenancy from month to month at the rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as provided. !15� e �", �V.m y q _.y x J �i . SEP 0 3 2014 DCM WILMINGTON, NC. rx RECEUD P 12 2014 .".?.Myn rITY MIA (24) EXPIRATION OF LEASE. The Town covenants and agrees to take good care of the Demised Premises and upon the termination or expiration of this lease, including any extension thereof; to surrender the said Demised Premises in as good a condition as it is in at the beginning of this lease, ordinary wear and tear excepted. (25) DEFAULT AND FORFEITURE. The Town shall be in default of this Lease (i) if the Town shall fail to pay any installment of rent when due and shall fail to remedy such default for a period of ten (10) days after notice from Landlord or (ii) if the Town shall fail to comply with any of the other terms, conditions or provisions of this lease and shall fail to remedy such default for a period of thirty (30) days alter notice from Landlord or (iii) if the Town abandons the Demised Premises. Upon such default, Landlord may declare this lease terminated and take possession of the Demised Premises without prejudice to other legal rights and remedies including the right to recover from the Town all rent and other sums due under this Lease up to the time of such entry. In the event of any such default and possession and entry by Landlord, Landlord may re -let such Demised Premises for the remainder of said term for the highest rent obtainable and may recover from the Town any deficiency between the amount so obtained, as well as all necessary and incidental expenses in connection with such re -letting, including without limitation, all repossession costs and legal expenses. Said entry and re -letting by Landlord shall be without prejudice to Landlord's other legal rights and remedies. (26) BANKRUPTCY. In the event that the Town shall be adjudicated as bankrupt or a temporary or permanent receiver is appointed for the Town in any federal or state court or the Town shall otherwise become involved in insolvency or liquidation proceedings, Landlord shall R rC El V E D RECEIVED SEP 0 3 2014 r�njP 12 2014 r,�afi w11_MINGTON, NC M-hilll) C" have the right and option, to immediately declare this contract and lease null and void and take possession of the Demised Premises without prejudice to any other legal rights and remedies. (27) NON -WAIVER. The failure of Landlord or the Town to enforce strict performance on the part of the other party with respect to the obligations of either of them under this lease shall not be deemed to be a waiver of the rights herein set forth and the same continue and remain in full force and effect. The receipt of any rent by Landlord from the Town shall not operate as a waiver of the right of Landlord to enforce the payment of additional rent due under this agreement or any of the other obligations of this lease by such remedies as may be appropriate. (28) CONDEMNATION. Hall orany part ofthe Demised Premises isacquired byany public authority having the statutory power of eminent domain or by private purchase in lieu of condemnation, Landlord shall be entitled to all payments for damages against such condemning authority for the taking of its property rights. If part of the Demised Premises shall be acquired by condemning authority and the part taken is not sufficient to materially affect the use of the Demised Premises by the Town, the rental hereunder shall not abate. If all or such a substantial part of the Demised Premises is acquired so that the Town can no longer reasonably use the Demised Premises, the Town may, at its option, terminate this lease. (29) SUBORDINATION. The Town will, upon request by Landlord, subject and subordinate all or any of its rights under this lease agreement to any and all mortgages and deeds of trust hereafter placed on the Demised Premises are a part; provided, however, that the Town will not be disturbed in the use or enjoyment of the Demised Premises so long as it is not in , Wt' RECEIVED 4 # SEP 0 3 2014 SEP 12 2014 Iuii KAINGTON, NC UCMMHDCTfY _1 - default hereunder. The Town agrees that this lease agreement shall remain in full force and effect notwithstanding any default or foreclosure under any such mortgage or deed of trust and that it will attorn to the mortgagee, trustee or beneficiary of such mortgage or deed of trust and its successors or assigns and to the purchaser or assignee under any such foreclosure. The Town will, upon request by Landlord, execute and deliver to Landlord or to any other person designated by Landlord any instrument or instruments required to give effect to the provisions of this paragraph. (30) RIGHT OF FIRST REFUSAL. If during the term of this Lease or any extension thereof, the Landlord shall receive a bona fide offer to purchase the Demised Premises, which is acceptable to Landlord, the Landlord agrees that the Town shall have and is hereby granted an option to purchase the Demised Premises upon the same terms and conditions thereof, and that the Town may exercise its option to purchase said property at any time within thirty (30) days after notice of such bona fide offer is given to the Town. If the Town shall elect to exercise such option, the Town shall do so by giving notice in writing to the Landlord within such thirty (30) day period and a contract of sale containing said terms and conditions shall be executed by the parties and closed within thirty (30) days thereafter. Upon the failure of the Town to exercise the option within said thirty (30) day period as provided in this article, then the Town's option to purchase shall terminate and the Landlord may sell the Demised Premises to such third parry upon the said terms and conditions, provided that such sale shall not relieve or release such third party from abiding by the other terms and conditions of this Lease. RECEIVED Rr,CEIVED SEP 12 2014 SEP 0 3 20% DCMMMClTY nCM WILMINGTON, NC -12- (31) TRANSFER OF LANDLORD'S INTEREST. In the event ofthe sale, assignment or transfer of the Demised Premises by Landlord to a successor in interest, who expressly assumes the obligations of Landlord hereunder, Landlord shall thereupon be released or discharged of all of its covenants and obligations hereunder, except such obligations as shall have accrued prior to any such sale, assignment or transfer and the Town agrees to look solely to such successor in interest of Landlord for performance of such obligations. (32) NOTICES. Any and all notices given in connection with this Lease Agreement shall be deemed adequately given only if in writing and addressed to the party for whom such notices are intended at the address set forth below. All notices shall be sent by personal delivery, FedEx or other overnight messenger service, or by fast class certified mail, postage prepaid, return receipt requested. A written notice shall be deemed to have been given to the recipient party on the earlier of (a) the date it is delivered to the address required by this Agreement; (b) the date delivery is refused at the address required by this Agreement; or (c) with respect to notices sent by mail, the date as of which the postal service indicates such notice to be undeliverable at the address required by this Agreement. Any and all notices referred to in this Agreement, or that either party desires to give to the other, shall be addressed as follows: For Landlord: Topsail Beach, LLC and RAJDC Holdings, Inc. Attention: Robert A. Jeffreys, Manager / President 2026 U.S. Highway 70 West Goldsboro, N.C. 27530 For the Tenant: Town Manager Town of North Topsail Beach 2008 Loggerhead Court p�N�orth Topsail Beach, NC 28460 " '" IV 5. (, RECEIVED SEP 0 3 2014 rlvcm-MWn P 12 2014 hCM WILMINGTON, NC !'Iry -13- Any party hereto may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. (33) NATURE AND EXTENT OF AGREEMENT. This instrument contains the complete agreement of the parties regarding the terms and conditions of the lease ofthe Demised Premises and there are no oral or written conditions, terms, understandings or other agreements pertaining thereto which have not been incorporated herein. This instrument creates only the relationship of lessor and lessee between the parties hereto as to the Demised Premises and nothing herein shall in any way be construed to impose on either party hereto any obligations or restrictions not herein expressly set forth. (34) MODIFICATION. Any changes or modifications of this Lease must be in writing, and signed by the parties hereto. (35) WAIVER. No delay or failure by either party to enforce or exercise any rights or remedies hereunder shall constitute a waiver of such right or remedy, nor shall any single or partial exercise ofa right or remedy preclude any other or further exercise ofrights and remedies. (36) GOVERNING LAW. This lease shall be governed by, construed and enforced in accordance with the laws 4f:tbe State of.North:Carolina: rm: loft; (37) BINDING EFFECT. This lease agreement shall be binding upon and shall inure to the benefit of theep hereto and their respective successors and assigns. FFCEIVED SEP 0 3 2014 marts WILMINGTON, NC jtECE1VEIt' SEP 19 DCU.MFM CrPY -14- IN WITNESS WHEREOF, the parties hereto have executed this lease agreement, in duplicate originals, this the day and year first above written. TOPSAIL BEACH, LLC (Landlord) By: R�� ( (Seal) El en � /�tys land, Member/Manager RAJDC HOLDINGS, INC. (Landlord) l' By: (Seal) Robert A. Jeffreys, P i i TOWN OF NORTH TOPSAIL BEACH (Tenant) By: 1 r (Seal) Mayor SEP 0 3 2014 DCM WILMINGTON, NC �CENED SEP 19 DOyNHDC1Ty RECEIyRp SEP 12 2014 Tv, 5,le3 STATE OF NORTH CAROLINA AMENDMENT OF LEASE AGREEMENT COUNTY OF WAYNE THIS AMENDMENT OF LEASE AGREEMENT (hereinafter referred to as the "Amendment') is made and entered into effective the first day of April, 2014, by and between TOPSAIL BEACH, LLC, a North Carolina limited liability company with its principal place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the "Landlord'), parties of the first part; and TOWN OF NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town"), party of the second part; WITNESSETH: WHEREAS, Landlord and Town entered into that certain Lease Agreement (hereinafter referred to as the "Lease") dated April 1, 2014, concerning the real property therein described; and WHEREAS, Landlord and Town desire to amend the Lease as set forth below; NOW, THEREFORE, based upon the premises and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant covenant and agree that the Lease is amended as follows: (1) DEMISED PREMISES. Topsail Beach, LLC owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4.3, which is described in the Deed recorded in Book 1187, Page 667 of the Onslow County Registry, and said Tax Parcel Number 769-4.3 shall be included along with Tax Parcel Numbers 769-9.1 and 7694 in the definition of the "Demised Premises" in the Lease. (2) RENTAL. During the term hereof, the rental for the Demised Premises shall be the 'sum of Twenty Eight Thousand and no/100 Dollars ($28,000.00) per year, payable in advance without demand, beginning on the date of this lease and continuing on each anniversary thereof. (3) BINDING EFFECT. The provisions of this Amendment shall be binding on and inure to the benefit of the parties, their legal representatives, heirs, successors, and assigns. (4) WHOLE AGREEMENT. This Amendment contains all of the agreements and representations between the parties concerning the amendment of the Lease. None of the terms of the Lease shall be waived or further modified to any extent, except by written instrument signed and delivered by both parties. Except as amended by this Amendment, the Lease shall be and remain in full force and effect. RE,CENED SEP 0 3 2014 tDN.V-111) EP 12 20.?4 (tir4 140LMINGTON, NC CiTY (5) GOVERNING LAW. This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. IN TESTIMONY WHEREOF, the parties hereto have caused this Amendment to be duly executed, effective as of the day and year first above written. TOPSAIL BEACH,JeLC (Landlord) 0 RAJDC HOLDINGS, INC. (Landlord) By: (Seal) Robert A. Jeffrey P ent TOWN OF NORTH TOPSAIL BEACH (Tenant) By; I eIDizu,(Seal) Mayor This Instrument has been preaudlted in the manner required by The Local Government Budget and Fiscal Control Act }� Governmental _Unit Finance Otticer \ I lL �Z / ki 1 ,`u^ Date__v41a8IaorL-- Signature) (Preaudd Certificate must be dated.) Mall l) rnfl P 12 91114 SEP 0 3 2014 -Z:N:-qDC.W DCM WILMINGTON, NC North Carolina Secretary of State Page I of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT Or THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (9/9)807-2000 Date: 6/11 /2014 Click here to: View Document Filings I File an Annual Report i J Print a Pre -populated Annual Report Fillable PDF Form i Amend A Previous Annual Report i Corporation Names Name Name Type NC TOPSAIL BEACH LLC LEGAL Limited Liability Company Information SOSID: 0334654 Status: Current -Active Effective Date: 12/211993 Citizenship: DOMESTIC State of Inc.: NC Duration: DEC 2010 Annual Report Status: CURRENT Registered Agent Agent Name: BLAND, ELLEN JEFFREYS Office Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Mailing Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Principal Office Office Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Mailing Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Officers/Company Officials Title: MANAGER Name: ELLEN JEFFREYS BLAND Business Address: 602 BROOKWOOD LANE GOLDSBORO NC 27534 RECEIVED SEP 12 2014 ACM MHD CITY This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3333 RECEIVED SEP 0 3 20% nCM WILMINGTON, NC hiln://wwwsecrelarv.stHie.ne.us/cornorations/Cnm.avnx?Piternld=4R43701 6/1 1 /2014 orth Carolina Secretary of State Site 3 Paee 1 of 2 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE Date: 6/11 /2014 Click here to: View Document Filings I File an Annual Report i PO Box 29622 Raleigh, NC 27626-0622 (919)807-20W j Print a pre -populated Annual Report Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC RAJDC HOLDINGS, INC. LEGAL NC R. A. JEFFREYS DISTRIBUTING COMPANY PREV LEGAL NC JEFFREYS BEER AND WINE COMPANY PREY LEGAL Business Corporation Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: Registered Agent Agent Name: Office Address: Mailing Address: 0085874 Current -Active 6/19/1963 DOMESTIC NC PERPETUAL CURRENT JEFFREYS, ROBERT A. 2026 HWY 70 WEST GOLDSBORO NC 27530-9542 RECEIVED SEP 12 2014 aceR m m crrr Principal Office AEI V1:L) Office Address: 420 CIVIC BLVD SEP 0 3 2014 RALEIGH NC 27610-2967 2026 US HIGHWAY 70 W GOLDSBORO NC 27530-9542 Mailing Address: 4an rivlC BLS/_r. I)CM WILMINGTON, NC RALEIGH NC 27610-2967 Officers/Company Officials Title: PRESIDENT Name: ROBERT A JEFFREYS Business Address: 3102 CASHWELL DR UNIT 52 ,01fISR0R0 N% i7530 i Mla: sFCRETA RY DILLARD M. POWELL 4110 Island Drive, Unit 301 North Topsail Beach, NC 28460 910-328-7873 Cell 919-768-3307 Fax 17077422605 dmi)owell@bellsouth.net September 23, 2014 Mr. Jason Dail Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: North Topsail Beach Parking Lot site # 3 4030 Island Drive, North Topsail Beach, NC 28460 Dear Mr. Dail: Pursuant to N.C.G.S. 113A-119(b)(i), I respectfully request to be notified of the proposed development, including but not being limited to application, hearings, documents, and other proceedings. Very truly yours; Dillard M. Powell RECEIVED OCT 0 2 2M4 DCM-MHD Cny I. llxj�r AD, / RECEIVED Q'vDCM WILMINGTON, NO Dail, Jason From: Wilson, Debra Sent: Tuesday, September 09, 2014 8:22 AM To: Simpson, Shaun; Dail, Jason Subject: FW: St Moritz From: Martin Lang rmailto:lang.martiniO) ahoo.com1 Sent: Monday, September 08, 2014 9:30 PM To: Wilson, Debra Subject: St Moritz Hello Deb- its Martin Lang, President of the St Moritz HOA. I held a lively meeting for the association on August 30 2014. We encouraged the owners to reach out to you regarding their strong opposition to public parking adjacent to our property. The fragile eco system can not safely accommodate an influx of people with the proposed scope of parking this large. Are you aware that the developer, Riggs, announced in a town meeting on July 9 2014 that the project will start October 10 2014? Once again North Topsail beach is over reaching in their determination to push a poorly planned project forward. I have sent you letters detailing reasons for our strong opposition. I also forwarded letters to Braxton Davis. Those letters were returned undeliverable. Would you please provide me an accurate address for Mr. Braxton? Thanks for your assistance. We will be in touch. At the town meeting this week the town discussed making "Pumping stations" on the adjacent property. Not sure what that means?? Sincerely, Martin Lang 724-454-5856 jtECE1VED SEP 12 7.014 VCMMRDCITY CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 James A. Lewis, P.L.S. L4562 Kenneth E.Johnson, P.L.S. L4925 Business License: C-730 September 9, 2014 Mr. Jason Dail NCDENR Division of Coastal Management Wilmington, NC Dear Mr. Dail, Land Surveyors 502 NEW BRIDGE STREET P.O. Box 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 E-MAIL: rig sg landAn bizec.rr.com Please find enclosed the following for Town of North Topsail Beach — Site 3: 1. Twenty six (26) copies of the Site Development Plans 2. One (1) adjacent Riparian Property Owner Statement— Site 3 If you have any questions or require additional information please contact me at any time Respectfully, Krov p"n Ken Johnson, PLS Wilmington Office: 101 Scotts Hill Loop Road Wilmington, N.C. 29411 (910)681-7444 rSRECEIVED EP 12 2014 DCM MHD CITY SEP b y im't RECEIVED DCM All LMINI— NC Filename: NTB PARKING-26 plan copies- CAMA site 3 .docx SEP 0 9 2014 Page I TOWN OF NORTH TOPSAIL BEACH PARKING SITE 3 Major CAMA Express Submittal Table of Contents AUGUST 2014 1. Application Forms 2. Aerials for Location Maps" '' M 3. Project Narrative 4. Application Fee 5. Deeds,sL+Il�vtorl, Nc 6. Lease 7. NC Secretary of State Current Corporation Registration 8. Agent Authorizations (Owners, Lessee) 9. Adjacent Property Owner Notifications & Correspondence 10. Ocean and Inlet Hazard Notice 11. Water Quality Classifications REcEMD 12. Plan Sets r;7, EP 12 2M XM•MHD Cn Y 1y / Prepared by: oQ . FSSsio !y o ti• 2; a SEAL 9� L-4925 Charles F. Riggs & Associates, inc. (C-730) 502 New Bridge Street, P.O. Box 1570 icy 3URr • �°j�: Jacksonville, North Carolina 28541 i�yFlN 1E i 1;8��� Phone (910) 455-0877 riaasland@bizec.n•.com [1] NCDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor September 9, 2014 Town of North Topsail Beach Attn: Stuart Tlrille, Town Manager 2008 Loggerhead Ct. North Topsail Beach, NC 28460 Dear Mr. Turille: John E. Skavarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the North Topsail Beach parking lot project (Lot #3), located adjacent to the Atlantic Ocean at 4030 Island Drive, in North Topsail Beach, Onslow County. The application package was received as complete on September 9, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 24, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 751 day. If this agency does not render a permit decision within 70 days from September 9, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S' cerely, Dail eld Representative Enclosure cc: Jonathan Howell, DCM Ronnie Smith, COE Maria Dunn, NCWRC Chad Coburn, NCDWR Charles F. Riggs and Assoc., Attn: Charles Riggs, PO Box 1570, Jacksonville, NC 28541 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nceDastalmanagement.net rnRECER'M EP 12 2014 CM-mffD CITY NOTI(01$107A CAMA PERMIT rqw APPLIED FOR m N PROJECT: Appimeant pro' N area and a O handicap accessible beachaccess adjacent tote Atlantic Ocean, in, Onslow ounty. COMMENTS ACCEPTED THROUGH nctobxr 3T2014 APPLICANT: Chardes F. Riggs & Asseciatas A1tn., Gharles Diggs PO Box 1670 For: Town of North Topsail Beach FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Jason Dail, Express Coordinator 910-796-7221 CHARLES E RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. 1,2981 502 NEW BRIDGE STREET Wilmington office: James A. Lewis, P.L.S. L-4562 P.O. Box 1570 101 Scotts Hill Loop Road Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Wilmington, N.C. 28411 Business License: C-730 TELEPHONE: (910) 455-0877 (910)691-7444 E-MAIL: riggslandAbizec.rr.com Agent Authorization Form To whom it may concern: Property Legal Description: Site #2 Site #3 Parcel IDS: 76 8- 7 7 6 9- 4 Street Addre Subdivision: County: Onwer New River Inlet Road Hwy 210; Island Drive N/A N/A Onslow Onslow G & L Capital Holdings, LLC RAJDC Holdings, Inc. Please Print: Topsail Beach, LLC Leasehold Owner (Title, if applicable): Town of North Topsail Beach The undersigned, leaseholders of the above noted property, do hereby authorize Charles F. Riggs and Associates, Inc. and the employees thereof, on behalf of the Town of North Topsail Beach, enter the property and take all actions necessary and allowable within the leases with G & L Capital Holdings, LLC, RAJDC Holding, Inc. and Topsail Beach, LLC for the design, processing, issuance and acceptance of all local, state and federal development permits of the property including but not limited to Division of Coastal Management, US Army Corps of Engineers, Division of Energy, Mineral and Land Resources, and NC Department of Transportation in relations to parking and other related uses Leasehold Owner's address and contact information: Address 2008 Loggerhead Court, North Topsail Beach, NC 28460 Telephone Number: Facsimile Number: (910) 328-1349 (910) 328-4508 Email Address: townmanager®north-topsail-beach.org r• +a IsSl ED SEP 0 3 2014 DCM-MHDCrry Authorized Signature, Title: rO-v- (t/-a . , rn Date: Filename: 1405OX NTB Agent Authorization- - Town ofNTB as leaseholder.docx Page 1 CHARLES R RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-2981 502 NEW BRIDGE STREET James A. Lewis, P.L.S. L-4562 P.O. Box 1570 Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Business License: C-730 TELEPHONE: (910) 455-0877 E-MAIL: riggslandAbizec.n.com Agent Authorization Form To whom it may concern: Property Legal Description: Parcel IDs: 769-4 Street Address: Hwy 210; Island Drive Subdivision: N/A County: Onslow Please Print: Property Owner (Title, if applicable): RAJDC Holdings, Inc. Wilmington office: 101 Scotts Hilt Loop Road Wilmington, N.C. 28411 (910)681-7444 Parking Site 3 The undersigned, registered property owners of the above noted property, do hereby grant permission for Charles F. Riggs and Associates. Inc. and the emplovees thereof, to enter my property and take all actions necessary for the design, processing, issuance and acceptance of all local, state and federal development permits of the property including but not limited to Division of Coastal Management, US Army Corps of Engineers, Division of Energy, Mineral and Land Resources, and NC Department of Transportation for the purpose of fulfillment of allowable activities within the parameters of the lease to the Town of North Topsail Beach with respect to parking and other related uses. Property Owner's address and contact information: Address 2026 US Highway 70 W Telephone Number: �9 / v� 7 3 `i - "I'7 9 -r Enf 3 e 1 LS Facsimile Number: '73 `f - f 3 9 8 Email Address: r P f -fte.4R ($ re -A C'f f rcyS , co 6 . Authorized Signature, Title: ?&'l. Filename: 1405OX NTB Agnet Authorizafion- lease.docx SEP 0 3 2014 DCM WILMINGTON.. NC SEP 12 2014 Page 1 DCM-MHD CITY CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-2981 502 NEW BRIDGE STREET James A. Lewis, P.L.S. L-4562 P.O. Box 1570 Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Business License: C-730 TELEPHONE: (910) 455-0877 E-MAIL: rieeslandna bizec.rr.com Agent Authorization Form To whom it may concern: Property Legal Description: ParcelIDs: 769-4.3 & 769-9.1 Street Address: Hwy 210; Island Drive Subdivision: County: Please Print: Property Owner (Title, if applicable): Topsail Beach, LLC Wilmington Office: 101 Sans Hill Loop Road Wilmington, N.C. 28411 (910)681-7444 Parking Site The undersigned, registered property owners of the above noted properly, do hereby grant permission for Charles F. Riggs and Associates. Inc. and the employees thereof. to enter my property and take all actions necessary for the design, processing, issuance and acceptance of all local, state and federal development permits of the property including but not limited to Division of Coastal Management, US Army Corps of Engineers, Division of Energy, Mineral and Land Resources, and NC Department of Transportation for the purpose of fulfillment of allowable activities within the parameters of the lease to the Town of North Topsail Beach with respect to parking and other related uses. Property Owner's address and contact information: Address 2026 US Highway 70 W Telephone Number: Facsimile Number: Email Address: �q/9) 734( — 5—mde PI t 2 2014 SEP 0 3 2014 M WILMIN'TON, N( Authorized Signature, Title: Date: 8 r i �f Filename: 1405OX NTB Agnet Authorization- lease.docx Page I NC'Water Quality Classifications #3 Name Cape Fear River Basin Index Number Classification Class Date Description _ _—.- ,Special Designation All connecting drainage canals 18-64-7-1 C;Sw 09/01/74 From source to Cans CreekCEIV$O JI Allen Creek (Boiling Springs Lake) 18-85-1-(1) B;S 09/01/74 From source to Boiling Springs Lake Dam Allen Creek (McKinzie Pond) 18-85-1-(3) C;Sjf 09/01/74 ` From Boiling Springs Lake Dam to dam at McKinzie Pond, Lilliput Creek Alligator Branch 18-66-4 C;Sw 04/01/59 From source to Hood Creek Alligator Creek 18-75 SC;SW 04/01/59 From source to Cape Fear River Anderson Creek 18-23-32 C 04/01/59 From source to Little River Angola Creek 18-74-33-3 C;Sw 04/01/59 From source to Holly Shelter Creek Angola Creek !From source to Cypress Creek 18-74-26-2 C;Sw 07/01/73 Ashes Creek 18-74-34 C;Sw 04/01/59 From source to Northeast Cape Fear River Atkinson Canal 18-29 C 09/01/74 From source to Cape Fear River Atlantic Ocean 99-(3) SB 04/01/59 The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that extends from the edge of the White Oak River Basin to the southwestern end of Smith Island at a point called Bakihead. Atlantic Ocean 99-(2) SB 04/01/59 The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that eMends from the eastern edge of the Lumber River Basin to the eastern end of Oak Island. Avents Creek 18-13-(1) C;HQW 08/01/98 'From source to a point 1.3 miles upstream of Harnett County SR 1418 Avents Creek ygyi3) WS-IV;HQW 08/01/98 Ft" Ci From a point 1.3 miles upstream of Harnett County SR 1418 to CaperF & VIw SEP 0 3 2014 DCM W"MINGTON, NC Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 1 of 98 NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary September 10, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Town of NTB Parking Area #3 Kyle & Heather: Please publish the attached Notice in the Friday, September 12, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Pertnit &Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCM RECEIVED rTr,)CM-MHD EP 12 2014 c11Y N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity\Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On September 9, 2014, the Town of North Topsail Beach proposed to install a gravel parking area and a handicap accessible beach access walkway with amenities at 4030 Island Dr., adjacent to the Atlantic Ocean, N. Topsail Beach, Onslow County. A copy of the application may be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to October 3, 2014 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. rSERECEIVED P 12 2014 ACM-MRDCITY MAJOR PERMIT FEE SCHEDULE Town of NTB Parking #3 / $400 / Onslow Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any , wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: lll(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% s01 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 lll(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 rn RECEMM EP 12 2014 OYA , arY DENR CAMA Daily Check Log for VRRO Date Received 8252014 8/252014 8/252014 8f2512014 Cheek From Bearing Point Consulting Steven and Robin Farmer Vamm es Docks 8 Bulkheads Clements Marine Construction Inc Name of Perm* Holder Topsail Reef Condos HOA John Crooks Deborah Librlcld Vern Hawkins Vendor Postal Money Order BB&T BUT6902 First Citizens Check Number 21814097771 7080 3546 Check amount $1310000.00 $400.00 E200.00 Penner NumberXommenfs fee, MP 3&12 GP.00 motl.e0D GP 640000 GP 64040D 8/28/2014 F and S Marine Construction Lookout Harbour HOA (Tom Hanna PNC Bank 3855 5100.00 Ma mod, 88-101 of 2 8272014 OW2014 OW2014 Chores F. Riggs &Associates Inc. Charles F. Riggs & Associates Inc. Ammon Constmc0on Inc. Lot 13 The Peninsula Woosail Frank Vick Bob Julian Flrat Citizens First Citizens B of A 1359E 13801 3137 $100.00 5"0.00 5200.00 minor fee, LMn Coastal LLC SC minor fee 507 S Shore Dr. SC GP 63930D =72014 8282014 Conn Marine Construction Inc lied Marine Contractors LLC Robert Parka James Gordon B of A - B of A 6822 6770 $200.00 $200.00 GP 84029D GP 63272D 828I2014 Mariach LLC Adam C Knbrim Jenniter Tatum B Of A 1839 $200.00 GP 84038D 828I2014 Logan Marine LLC Jam Properties LLC Dan Smith Coming Fed. Credit Union 1088 $200.00 GP 64041 D 8f29/2014 Willie Richardson/Richardson Construction 124 Durham BUT 5741 Stt00-00 GP 04002D 9=14 Charles F. Ri gs & Associates Inc. Roanoke Hooin s LLC First Citizens Bank 13615 $100.00 minor fee 245 T it Rd. NTB 922014 9/2/2014 Charles F. Riggs & Associates Inc. Bakl Head Island LTDJBruce Marek Frank & Julia Sharron Bwan's Quarters First Citizens Bank First Citizens Bank 13600 1591 $100.00 $100.00 minor fee 1130 Cana Ave., TB MP 12l-07 renewal 91=14 Bald Head Island LTDJBr oe Mask Bald Head Island Lkmiletl LLC First Citizens Bank 1490 $100.00 MP 2-95 renewal 9=14 Bad Heatl Island LTDJBruce Marek Ind Plantation First Citizens Bank 1489 $100.00 MP 41-85 renewal 9WO14 Tovvn of Belv0le Torre of Belville - First Bank 58798 L400.00 GP 63274D 9/22014 Norfolk Dredging Co. River Harbor and Dods I rov. North Topsail Beach SunTrust 14087 $100.00 MP 79-10 mod. Fee 9/22014 James Thomas Davis 107 Fields, CB BB&T 310 $100.00 107 Florida CB 913=14 Paul C. and Robin R. Jones Forrest Waldon/Far R LLC NC SECU 7207 $200.00 GP 64030D 9/3I2014 8etorle Conatnotion LLC Chris Ma'ewski Trust Atlantic Bank 3219 i200.00 GP 64028D 8/42014 Ge L. antl Karen S. Saln same 170 Greensboro SL HB CommumtvOne Bank 2148 $200.00 GP 64043D 9/4I2014 Claude R. ant Joyce K R same 172 Greensboro St,HB Uwhame Bank 3368 $200.00 GP 64044D 9/42014 F antl S Marine Cons0uction Lookout Harbour HOA(Tom Hanna PNC Bank 3979 $300.00 Ma' r mod 118.10 2 012 9142014 Often Breeze Heating & Air LLC Mark Whit vos14.10D First Federal 282D $403.00 CAMA VW 14-IOD 9/42014 Town of VWotwlle Beach same E Oxford Fist Citizens Bank 99440 t700.D0 minor fee, E. Oxford Dr., WB 9152014 Karen Moran-Germ/William Gann Steve Arnold First Federal 1115 5200.00 GP 64048D 9/52014 Ellison 1, LLC Lucien Ellison B of A 1102 $100.oD mat renewal fee MP 65-07 9/5/2014 Samuel and Tracy Clary Middle Sound MarinalVanguard Prop. SunTrust 4130 $100.00 permit transfer tee, MP 164-07 9/8/2014 F and S Marine Construction Michael Desheminin PNCBank 3982 $200.00 GP 64045D 9/8/2014 Holden Dock & Bulkheads First Community Bank Soso $400.00 GP 64047D & GP 64048D 200 ea. 9/8/2014 AntinOn Construction Inc Lou B ofA 3138 2200.00 GP 3039 3d. SL SurfC 9/702014 Torn of North Topsail lawne IFirst C0lzera Bank 38670 $400.00 major fee NTB parking e3 M -P w NTB PARKING SITE #3 L Disclaimer— Onslow County provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. »w r' pPrinted:Jun 06, 2014 N O_ P. NTB PARKING OVERALL Disclaimer—OnsloKyounty provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. O Villy A Printed:Jun 06, 2014 NICE MP-1 APPLICATION for Major Dovolopmont Pormit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of North Topsail Beach Town of North Topsail Beach Parking ite 3 Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names lisled. Mailing Address PO Box City I State 2008 Loggerhead Court North Topsail Beach NC ZIP Country Phone No. FAX No. 28460 USA 910-328-1349 ext. 910-328-4508 Street Address (d different from above) City State ZIP N/A N/A N/A N/A - Email townmanager@north-topsail-beach.org 2. Agent/Contrector Information Business Name Charles F Riggs & Associates, Inc sk, RECEIVED Agent/ Contactor 1: First Name MI Last Name Charles F Riggs SEP 12 2014 Agent/ Contractor 2: First Name MI Last Name Ken E Johnson Mailing Address PO Box City Slate N/A 1570 Jacksonville NC ZIP Phone No. 1 Phone No. 2 28541 910 - 455 - 0877 ext. N/A 910 - 681- 7444 ext. N/A FAX No. Contractor • N/A N/A Street Address (if diBerent from above) City State ZIP 502 New Bridge Street Jacksonville NC 28540 - Email riggsland@bizec.rr.com, charles.dggs@bizec.rr.com, k.johnson@bizec.rr.com RECEIVED <Form continues on back> SEP 0 3 2014 DCM WILMINGTON. NC 252-808-2808 .. 1-888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) SITE 3: Town of NTB leases THREE tracts from RAJDC Holdings, Inc & Topsail Beach, LLC APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 4030 Island Drive NC Hwy 210 Subdivision Name City State Zip N/A North Topsail Beach NC 28460 - Phone No. Lot No.(s) (Amany, attach additional page with list) N/A - ext. 7694.3, 7694, 769-9.1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Was []No work falls within. Town of North Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 922 215487 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 3 TRACTS = 215487, NW- (normal water leveo (Mmany lot sizes, please attach additional page with a list) 8' ®NHW or ❑NWL e. Vegetation on tract Sparse vegetation of grasses/shrubs on a sandy flat terrain with a very well defined, mature dune line separating the uplands from beach/ocean. f. Man-made features and uses now on tract Existing gravel parking lot comprising approximately 200' of road frontage; existing parking lot has one wood beach walk over the dune access beach on south western portion; existing asphalt path running parallel to the ocean that connects both ends of the property; this was the original beach road before island was built. g. Identify and describe the existing land uses a n to the proposed project site. The project site is bounded to the north by Island Drive (NC Hwy 210 - public -asphalt) with Roger's Bay Campground across Hwy 210 and St. Moritz Condos, south and east by the Atlantic Ocean, northwest by single family residential lots. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? B-1 (Attach zoning compliance certificate, if applicable) NYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo []NA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> RECMW SEEP 0 3 2014 10 ge88.4RCOAST -. www.nccoastaimarg&ement.net DCM-Mm =' Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit on. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Pluris, LLC sewer is available for all sites o. Describe existing drinking water supply source. ONWASA is available for all sites p. Describe existing storm water management or treatment systems. Low Density State stormwater permit for all sites; application is in process 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The parking areas will provide both the residents and visitors to The Town of North Topsail Beach public access to the recreational facilities in the community including the beach. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Equipment utilized will be standard paving equipment to include back hoes, dump truck, rollers, etc. The project is of very short duration. During construction equipment will remain on -site with the construction area and mobilize away from site upon completion. d. List all development activities you propose. Installation of parking areas including spaces and drive paths using pervious and impervious gravel surfaces; wooden beachwalk ways for beach access. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 64096 HSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No proposed discharges of water; stormwater runoff will infiltrate under the Low Density permit I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation propose SEP 0 3 2014 <Form continues on back> {lGVcrrnu SEP 12 2014 252.808-2808 :: 1-888-41. AST :: www.nccoastalmana Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar vnth the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name St. Moritz Condo Association Phone No. Address 1630 Military Cutoff Road, VAlmington, NC 28403 Name Duljan Elvis Phone No. Address 3540 W Mill Road, Hatboro, PA 19040 Name N/A Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliancewith the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _8/25/201 Print Name Signature Please indicate application attachments pertaining to your proposed pr494�/ RECIMED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Developmer� ECEO V G D SEP 12 2014 ❑DCM MP-4 Structures Informati G SEP 0 3 2014 �W T)CM-MHDCrff r�+ 252-808-2808 .: 1.888.4RCOAST :: www. nccoa stalmanagement. net SITE 3 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 3 leased tracts 6' wide beach walk access with ADA handicap ramps c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 0 64096 SF e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing asphalt, ABC stone activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes []No ❑NA (ii) If yes, list the date submitted: In process Concurrently g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a she development plan been submitted to the Division of or parking. Water Quality for review? 0 ®Yes []No []NA i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: _in process concurrently_ and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12.0 j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (I) received state or local Pluris, LLC has community sewer approval? []Yes ®No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, indusbiall design? commercial effluent, 'wash down" and residential discharges). ❑Yes ®No ❑NA surface water and "wash down" area will infiltrate in the If yes, attach appropriate documentation. RECEIVED sand per state stormwater permit SEP 0 3 2014 rSEP 12 2014 )Ckvk WILMINGTON, NC DCMMHDCRY 252-808-28082 :: 1-888.4RCOAST :: w .nccoastat revised: 12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) ONWASA - public system o. When was the lot(s) platted and recorded? MB 30, P 38 on 10121/1993 (7694.3) MB 31, P112 on 9/14/1994 (7694) MB 18, P 18 pm 12/19/1977 (769-9.1) 8/25/2014 Date Town of North Topsail Beach Parking Site 4 Project Name Town of North Topsail Beach Applica e � Applicant Signatur n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ONO ®NA "GENE® SEP 0 3 2014 L%CNT WILM(NGTON, NC RECEIVED t SEP 12 2014 DCAI-MIMC.rrr 252-808-2808 :: 1-888.41RCOAST :: www.nccoastaimanagemtnt.net revised: 12126/06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. APPLICANT'S NAME: Town of North Topsail Beach — Parking Area Project (Site #3) LOCATION OF PROJECT SITE: The project site is located at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index —2006: 28-(6491): Q, R, 8-11 2000: 28-(384): R, 7-11 1995: 28-(371): R, S, 11-15 State Plane Coordinates — GPS File: N090410A X: 2467724 Y: 269026 Lat.: 34°25'48.32"N Long: 77°26'47.25"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/4/14 Was Applicant Present — No 5. PROCESSING Application Received — Complete 9/9/14 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — Developed (B) AEC(s) Involved: OH, (C) Water Dependent: No (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Unimproved parking area and structural access walkway(s) Planned — Proposed parking area and beach access walkways (including ADA access) (G) Estimated Annual Pate of Erosion: 2'/year Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: [AREA] DREDGED FU11) OTHER (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water (C) Other (Highground) 64,096 sq. ft. (1.471 ac.) disturbed for parking lot creation (D) Total Area Disturbed: 1.471 (64,096 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant is proposing to install a gravel parking area and a handicap accessible beach access walkway with amenities. RECEIVED EP 12 2014 1 rS1DC%V1 ffDCrrY N. Town of North Topsail Beach Parking Area Project (Site#3) Date: September 9, 2014 Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. To get to the site from Wilmington take US HWY 17 N to Old Folkstone Road (State Road 1518 which is approximately 4.0 miles past Holly Ridge). Continue along Old Folkstone Road until you reach the four way stop light at the intersection of Old Folkstone Road and NC Highway 210. Turn right onto NC Highway 210 and travel approximately 3.9 miles. The project site will be located on the left hand side of the road, just beyond the St. Maritz condominium complex and across from Rogers Bay Campground. St. Moritz borders the project area to the north, residential properties border the site to the south, the Atlantic Ocean Borders the site to the east and NC Highway 210 and Rogers Bay Campground border the site to the west. The project area would span a distance of approximately 820 linear feet along the oceanfront. The current elevation of the project area ranges from approximately 1' at Normal High Water to approximately 8' at Normal High Water. The highground portion of the property is primarily vegetated with native scrub vegetation and beach grasses including, but not limited to: American Beach Grass, Sea -Oats, Bitter Panicum and Sea -shore Elder. Historically, the subject property has been used as a parking area by tentants of the Rogers Bay Campground as well as the general public, and although unimproved, the site is still being utilized for parking. In addition, two public beach access walkways exist on the site, one on each end of the property. According to information presented by the applicant, the Town of North Topsail Beach has entered into a 5-year lease agreement with Topsail Beach, LLC and RAJDC Holdings, LLC (Property owners). The lease agreement (copy of which is included herein) would effectively expire or terminate on, or prior to March 31, 2019. At which time, the lease may be renewed or suspended. Permitted uses on the three tract parcel (i.e. subject property), include the operation of a Town run parking lot or "Parking Facility", as it is referred to in Section (5) of the lease agreement, with no other uses or purposes without the Landlord's prior written consent. Additionally, Section (8) of the lease agreement states "During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities". The annual erosion rate for this particular area of North Topsail Beach is 2.0'/year, based on the Division of Coastal Management's 2011 Annual Erosion Rate maps. Studies indicate the shoreline in this area could move as much as 260' in a major storm event and flood waters could be as much as 14' deep. The Town of North Topsail Beach's Land Use Plan classifies this area of North Topsail as Mixed Use Business. The waters (Atlantic Ocean) of the project site are classified as SB by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of the Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to install a stone/gravel parking area and beach access walkway within the project boundary. As designed, the gravel parking area would provide parking for up to 101 vehicles (75 proposed parking spaces + 26 existing spaces). Additionally, the project consists of the construction of a restroom facility, bike rack, outdoor shower and water spigot and a handicap accessible dune crossover (i.e. structural access walkway). ab. RECEIVED SEP 12 2014 DCM-WIP, CIrY Town of North Topsail Beach - Parking Area Project (Site#3) Date: September 9, 2014 Page Two The parking area(s) would consist of a combination of ABC stone and gravel. A new driveway connection to an existing public NCDOT street (Island Drive) would have asphalt aprons, and gates would be installed at the entrance/exit points to prevent after-hours access. As proposed, the existing parking lot entrance would be relocated to align with the entrance to the Roger's Bay Campground entrance, which would be located along the southern end of the project boundary. Here, the applicant proposes to install a 10' x 10' wooden deck with water spigot and two portable toilets. A second entrance/exit point would be constructed around the central portion of the property boundary and it too would consist of an asphalt drive with aprons. A gate would also be installed at this access point. The applicant proposes to leave the existing asphalt drive in place and cover the area with gravel, with the exception of a small patch of asphalt located along the northern project boundary. Here, the applicant proposes to remove the existing asphalt and install vegetation to provide a "buffer" between the proposed parking area and the St. Moritz condominium complex. In addition, a 25' wide vegetative buffer would remain in place and would separate the proposed parking area(s) from NC Highway 210. The existing asphalt drive referenced above is approximately 10' (w) x 660' (1) and spans the eastern portion of the property, just landward of the toe of the dune. The applicant states that the existing dune crossover near St. Moritz, which is used by Roger's Bay Campground, would not be incorporated as a pedestrian access walkway for the new parking area and would be "blocked" by the installation of a vegetated buffer. In addition to the other security and preservation features, the applicant proposes to install a 4' tall picket fence around the entire perimeter of the parking area. The fence would be used to prevent foot traffic and any other unnecessary access up and over the dune system. Lastly, the applicant proposes to install a handicap accessible beach access walkway along the eastern property boundary. The walkway would be centrally located and would span from the parking area to the dry sand beach. Two portable toilets would be installed in the parking area near the entrance to the walkway, as would a trash receptacle. The walkway would be approximately 6' wide and would span a distance of approximately 90' across the dune. Steps would be constructed along the southern side of the handicap ramp to allow for pedestrian access. A flat 6' x 12' platform would be located in the middle of the walkway, which would allow for viewing/observation. As designed, the ramp would "zig-zag" in a north/south direction to obtain the appropriate grade/slope required for ADA accessibility. Adjacent to the handicap access, the a li ses to install a 10' x 10' wood deck with shower spigot for rinsing. The proposed bike storage wou'be o directly across from the proposed handicap access, on the opposite side of the gravel drive. SEP 12 2014 10. ANTICIPATED IMPACTS DCMMIiDCfrY The applicant's proposal, to construct a parking area with handicap accessible dune crossover (i.e. beach access walkway) and amenities, would disturb approximately 64,096 sq. ft. (1.471 acres) of high ground, all of which is located in the Ocean Erodible Area of Environmental Concern (AEC). As designed, no portion of the proposed project, with exception of the beach access walkways, would be located within the 60' setback, as measured from the First Line of Stable Natural Vegetation (FLSNV). In addition, it does not appear that any portion of the project, with exception of the beach access walkway, will impact the frontal dune, or dune vegetation thereon. The applicant has not yet obtained a Stormwater Permit for the proposed development; however, a Sedimentation and Erosion Control Plan has been approved for this project, under the authorization ONSLO- 2015-021, which was issued on September 4, 2014. Submitted by: Jason Dail Date: September 9, 2014 Office: Wilmington OCEAN HAZARD AEC NOTICE Project is in an: X Ocean Erodible Area / High Hazard Flood Area Inlet Hazard Area Property Owner: RAJDC Holdings, Inc. and Topsail Beach, LLC Property Address: 4030 Island Drive, North Topsail Beach, NC 28460 Date Lot Was Platted: 3/22/2005 This notice is intended to make you. the applicant, aware of the special risks and conditions associated with development in this area. which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rates on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits. the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean ftazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information. as accepted by the Coastal Resources Commission, indicates that the annual long-term average oceap �dasion rate for the area where your property is located is 4 feet per year. 'The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 vears. Stycliecalso indicate that the shoreline could move as much as 35 feet landward in a major storm. Y11oq�.waters in a major storm are predicted to be about � feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls. revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant acknowledge this information and requirements by tgnin this notice in the space below. Without the prop�ysign re. th application will not be complete. Properly wn r r, t twe\J Date 70, h/L AC44 1- Lc-F SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive stones and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the propeny has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement. the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be re -measured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate re -measurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. ar more information, contact: ikSCAI 1), IL.. Local Permit Officer 1 z � L D�nrA c i�2 Address IVit-PIA . NC ZXfot Locality /D - 7-lwl — 7- Z2 / Phone Number SEP 12 2014 r... `- WDCM-MHDC1Ty SEP 0 3 2014 ��� wj�Mlly rAr.+, 51 Ftf, Revised May 2010 AA-TOc F{e1-D/1V6S IBC. P(•rmit•Class NEW Permit Number 5-15 STATE OF NORTH CARO)LHNA Department of Environment and Natural Resources and Coastal Resources Commission Verml"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to -Town of North Topsail Beach, 2008 Loggerhead Court North Topsail Beach, NC 28460 Authorizing development. in Onslow County Atlantic Ocean, 4030 Island Drive, North Topsail Beach , as requested in the permittee's application dated 8/25/14 including the attached workplan drawings (3) all dated 8/25/2014 and AEC Hazard Notice dated 8/26/14 This permit, issued on ananry lg' 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the construction of the parking lots, restroom facility and other amenities, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) All portions of the parking Iot shall be constructed landward of the small structure setback. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. 75avis, Director Division of Coastal Management This permit and its conditions are hereby accepted, Signature of Permittee Town of North T'opsafl Beach Permit #MS' Page 2 of 3 ADDITIONAL CONDITIONS 3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and the small and large structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any AEC standards, the more restrictive standard shall apply. 5) For all portions of all parking lots located seaward of the large structure setback line referenced in Condition No. 3 of this permit, no individual section of parking lot shall exceed 5,000 square feet in size. Each parking lot section shall be physically detached from adjacent sections. This physical detachment may be accomplished through the use of large expansion joints, unpaved strips of bare sand or paver stone. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of . any phase of grading on cut or filled slopes. 8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales, etc.). NOTE: An Erosion and Sedimentation Control Plan will be required for this project.. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. Cenral 9) No wetlands or open water areas shall be excavated or filled, even temporarily, without additional authorization. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. ,Town of North Topsan& Beach Permit #5-15 ]Page 3 of 3 ADDITIONAL CONDITIONS 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 7215 prior to the commencement of any such activity for this determination. NOTE- The N.C. Division of Water Quality has assigned the proposed project DWR Project No. 14- 0974. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2007-01396. TOWN OF NORTH TOPSAIL BEACH PARKING 011m] Major CAMA Express Submittal Table of Contents AUGUST 2014 1. Application Forms 6.,-"r 2. Aerials for Location Maps '' '" ' a 3. Project Narrative ; 3 20i4 4. Application FeeNC 5. Deeds C,:^ ;t`•-."`` 6. Lease 7. NC Secretary of State Current Corporation Registration 8. Agent Authorizations (Owners, Lessee) 9. Adjacent Property Owner Notifications & Correspondence 10. Ocean and Inlet Hazard Notice 11. Water Quality Classifications 12. Plan Sets Prepared by: Charles F. Riggs & Associates, inc. (C-730) 502 New Bridge Street, P.O. Box 1570 Jacksonville, North Carolina 28541 Phone (910) 455-0877 riegslandkbizec.rr.com 113 �GAR��ii�� SEAL 9� L-4925 _— SUR`�c�' g� i��ry�Ty'E BONEM (last revised 12127/06) vl,LulId North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of North Topsail Beach Town of North Topsail Beach Parking ite 3 Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A NIA N/A lfadditional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City Stale 2008 Loggerhead Court North Topsail Beach NC ZIP Country Phone No. FAX No. 28460 USA 910-328-1349 ext. 910 - 328 -4508 Street Address (if different from above) city State ZIP N/A N/A N/A N/A - Email townmanager@north4opsail-beach.org 2. Agent/Contractor Information Business Name Charles F Riggs & Associates, Inc Agent/ Contractor 1: First Name MI Last Name Charles F Riggs AgentlContractor2: First Name MI Last Name Ken E Johnson Mailing Address PO Box City State N/A 1570 Jacksonville NC ZIP Phone No. 1 Phone No. 2 28541 T 910 - 455 - 0877 ext. N/A 910 - 681- 7444 ext. N/A FAX No. Contractor# NIA N/A Street Address (rfdifferent from above) City State ZIP 502 New Bridge Street Jacksonville NC 28540- Email dggsland@bizec.rr.com, charles.riggs@bizec.rr.com, k.johnson@bizec.rccom 7 ,3 y <Form continues on back> SEP 0 3 20111 DCN't WilARNICTON. NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MPA (Page 3 of 4) APPLICATION for Major Development Permit m. Q) Are there wetlands on the site? []Yes ®No III) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Pluris, LLC sewer is available for all sites o. Describe existing drinking water supply source. ONWASA is available for all sites p. Describe existing storm water management or treatment systems. Low Density State stormwater permit for all sites; application is in process 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The parking areas will provide both the residents and visitors to The Town of North Topsail Beach public access to the recreational facilities in the community including the beach. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Equipment utilized will be standard paving equipment to include back hoes, dump truck, rollers, etc. The project is of very short duration. During construction equipment will remain on -site with the construction area and mobilize away from site upon completion. d. List all development activities you propose. Installation of parking areas including spaces and drive paths using pervious and impervious gravel surfaces; wooden beachwalk ways for beach access. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 64096 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No proposed discharges of water; stormwater runoff will infiltrate under the Low Density permit 1. Will wastewater or stormwater be discharged into a wetland? [-]Yes ®No ❑NA If yes, vdll this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attact��,rnligatiorapM SO 0 3 2014 <Form continues on back> ' Nq �252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name St. Moritz Condo Association - Phone No. Address 1630 Military Cutoff Road, Wilmington, INC 28403 Name Duljan Elvis Phone No. Address 3540 W Mill Road, Hatboro, PA 19040 Name NIA- Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. E. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this appucation wnl allow only me aevewpniciu Ur*611Uou 11 1 um aPNuwuw,,. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 8/25/2014 Print Name Signature Please indicate application attachments pertaining to your proposed pro)ed'. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Developmen yL �° It ❑DCM MP-4 Structures Informatio E_ 1 rC 9 v7 ra D Slab 0 3 2014 ,......,•.. , Litm 4'lbe']ip i't tiO,a/,np . d 252.808.2808 :: 11-888.4RCOA5T :: www.nccoastaimanagement.net UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. 6wide beach walk access with ADA handicap ramps c. Density (give the number of residential units and the units per acre). 0 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: in process concurrently g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12.0 j. Describe proposed method of sewage disposal. Pluris, LLC has community sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). surface water and "wash down" area will infiltrate in the sand per state stormwater permit b. Number of lots or parcels. 3 leased tracts d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 64096 SF f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, ABC stone h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (ti) If yes, list the date submitted: _in process concurrently_ k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? [--]Yes ®No ❑NA If yes, attach appropriate docu entation. SO 6 3 20111 252-808-28082 :: 1-888.411COAST :: www.nccoastaimananement.net revised: 12126/06 k� Fair B DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) ONWASA - public system o. When was the lot(s) platted and recorded? MB 30, P 38 on 10/21/1993 (769-4.3) MB 31, P112 on 9/14/1994 (769-4) MB 18, P 18 pm 12/19/1977 (769-9.1) 8/25/2014 Date Town of North Topsail Beach Parking Site 4 Project Name Town of North Topsail Beach n. (i) Will water be Impounded? []Yes ®No ❑NA (li) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ONO ®NA 252-808.2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net revised: 12126106 LAMA site 3 PROJECT NARRATIVE MAJOR CAMA, NC STATE STORMWATER & EROSION AND SEDIMENTATION CONTROL PLAN TOWN OF NORTH TOPSAIL BEACH PARKING AUGUST 2014 On behalf of The Town of North Topsail Beach, Charles F. Riggs & Associates, Inc. submits this narrative for all permits, Division of Coastal Management's Major CAMA, NC State Stormwater Management and Erosion & Sedimentation Control Plans pertaining to the construction of new parking lots in the North Topsail Beach area. General Project Overview: The Town of North Topsail Beach proposes to create new and expand existing parking capacity on four non-contiguous sites along Hwy 210 (Island Drive), New River Inlet Road and River Road in Onslow County. Site # 1: 3.47 Acres, terminus of River Road, (town owned) Site # 2: 11.308 Acres, across from Town Hall building on New River Inlet Road, (leased) Site # 3: 4.947 Acres, across from Rogers Bay Campground on Island Drive., (leased) Site # 4. - 0.35Acres, 0.3 Miles north of Second Avenue on Island Drive, (town owned) Two sites are owned by Town of North Topsail Beach and the other two are on long term leases. The sites will vary in the use of asphalt, impervious and pervious gravels for parking areas. Each site will connect with a public road via a paved apron and will provide restroom facilities along with other amenities. Soil testing was performed by Land Management Group, Inc. (LMG) to ascertain the soil type quality for infiltration rates. A permit scoping meeting of May 19, 2014 determined a Major CAMA, State Stormwater and Erosion Control Permits were required for the development of the parking areas of the four sites. Sites 1, 2 & 4 would be allowed for an Express Major CAMA Permit and Site 3 would be handled as a Standard CAMA Permit. For Stormwater and Erosion Control Permits the sites will collectively be considered a common plan of development and the permit can be expressed. Water Quality is requiring testing and evaluations of the sites by a Licensed Soil Scientist for infiltration of the sub base where the pervious stone is to be placed in order to properly permit the stormwater as Low Density. Sites 1 & 4 have 404 wetlands and have been approved by the USACE. Site 4 has Coastal Wetlands as delineated by Jason Dail. NC DOT will require driveway permits on sites 2,3,4. 'j The development sites have: i. no known previous or existing stormwater management SEP ii. no known previous or existing erosion and sedimentation control permit [1] 93 2014 iii. no known non-compliance issues with Onslow County or DENR Agencies iv. not been identified as a historic site V. public monies are used in the development Site 3: Existing Conditions: This is a leased site. A boundary and topographic survey has been performed including the field survey of necessary information required by the Division of Coastal Management. The existing site has 850' of road frontage is vacant of all structures except for an existing gravel parking lot comprising approximately 200' of road frontage; the remaining area consists of sparse vegetation of grasses/shrubs on a sandy flat terrain with a very well defined, mature dune line separating the uplands from beach/ocean. The existing parking lot has one wood beach walk over the dune access beach on south western portion; a wood beach walk is located on the northeast part of the property. The site has an existing asphalt path running parallel to the ocean that connects both ends of the property; this was the original beach road before island was built. The project site is bounded to the north by Island Drive (NC Hwy 210 - public -asphalt) with Roger's Bay Campground across Hwy 210 and St. Moritz Condos, south and east by the Atlantic Ocean, northwest by single family residential lots. Per LMG report, soil types on the project area are mapped as Newhan-corolla Urban Land Complex in the Soil Survey of Onslow County (USDA 1992). Actual soil borings confirm the soil to be a combination of hurricane over wash, gravel and coarse/fine loamy fill sediment over the Newhan soil series. Newhan soils are well to excessively well drained sandy fluvial marine sediments with rapid to very rapid infiltration. In areas north of the proposed beach walk, 1.5 to 2.0' of fill material will lessen infiltration. Infiltration rate of existing material was 14.25 in/hr and LMG recommended utilizing 7.13 in/hr for design purposes. Approximate Mean High Water Line (NffTvVL) was surveyed as P foot (NAVD88). The project is in Primary Surface Water Classification SB Proposed Improvements: The parking design proposes 75 new spaces in addition to the approximately existing 26 parking and complimentary amenities such as: - restrooms with screening, bike rack, outdoor shower and water spigot for rinse down along with one wood dune handicap accessible ramp and dune crossover for beach access. The parking lot is combination of ABC stone (impervious) and pervious gravel. One new driveway connection to an existing public NCDOT street will have asphalt apron; gates will be installed to limit access to Town determined hours of operation. The existing parking lot entrance will be relocated slightly to align with the Roger's Bay Campground entrance road across NC Hwy 210 while the existing marked cross walk will remain unchanged. As much of the existing, stable and significant vegetation as possible along Hwy 210 will be undisturbed. The existing dune crossover near St. Moritz that is used by Roger's Bay Campground will not be incorporated as a pedestrian access for the new parking lot and will be blocked with new vegetation screeningibuffering. Any impervious surface will be divided by 2' narrow strips of pervious stone to limit the square footage of each area to less than 5000 square which eliminates the need to double the 60' small CAMA setback to P ti 3 2014 e 120' large CAMA setback. The CAMA setback establishes extent and limits for new improvements similar to parking lots. Site is readily served by both ONWASA for water and Pluris for sewer. Public monies are used in the development. Approximate Mean High Water Line (MIIWL) was surveyed as F foot (NAVD88). CAMA Permit: The topographic map shows the established existing dune structure's toe -crest -toe. Being consistent with current practices in the area and experience, the approximate NHWL was established at 1' NAVD88. Division of Coastal Management reviewed the Riggs' flagging of the First Line of Stable Natural Vegetation which establishes 60' small structure CAMA setback. Erosion rate is less than 2 feet per year so the minimum setback of 60 feet is used for small structures since the impervious surfaces will be divided into less than 5000 square feet sections. Intent of site grading landward of the 60' small structure setback is "dune redistribution". Under Coastal Resources Commission's Ocean Hazard AEC, this project is deemed Ocean Erodible, High Hazard Flood and Inlet Hazard areas. Stormwater Permit: Stormwater is proposed as Low Density with sheet flow infiltrating in the sand adjacent to the asphalt parking and in the pervious stone strips. Requested geotechnical study was performed by a Licensed Soil Scientist and design infiltration rate of 7.13 in/hr is adequate to effectively infiltrate all runoff on -site. V l,, Erosion Control Permit: 1 Erosion and Sedimentation measures will utilize Best Management Practices to 0 i p1 prevent erosion into adjoining parcels and to assist the stabilization of the project site. The land disturbance will consists of removing the small bush and grading throughout 0 iy Ib the new parking and amenity area. The site is sandy and has rapid infiltration from the soil type which will handle the stormwater runoff. All the seeding and monitoring requirements of General Permit NCG010000 will be followed. Also, the project timing will be 1-2 weeks with a very short duration of exposed.soil. Erosion Control measures will include flagging the work area for protection of the wetlands and dunes. The short duration of the project and ground stabilization (asphalt or stone) will prevent sediment from leaving site SP 0 S 2014 [3j � p,,4•�. {}r•4'.1 }' P�i�y(TY Syjf+ '_. fv 'F&.,^',�d�i•%�S'+�Y�.rCC pt �' �tW 9 ig '� �` tlrt a l` "�. F FN�i9� r. ya�r"4 ;�45`."�r!��5.,�� t" ✓ °'t ��� 4` t �`t ,� 4 r,�� i+ � biF '!>' 4 ' ter. �+. 4}' la �f• u6fj`{. e Sl�q r� �q LIZ TOWN OF NORTH TOPSAIL BEACH TOWN HALL k • p f�-& i<� � + �'+�if�s:,+ �'��s �•�i1, �''iii5'•. � i.'w'�'��,g�.r.'`'.. HWY 210 TO NTB SITE #1 n. 4 SITE#2 ti u. 5 2m, FAASITE#4 �. C' 6'� , 0 NTB PARKING OVERALL A\ `"r Disclaim e Onslgv x�CounV,,provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. 4. Printed:Jun 06, 2014 t � f, NTB PARKING SITE %2 +� Disclaimer- __-CBu#pio�ides+ndata _, public service. < WARRANTY for the availability = accuracy mprovided. s % % � � \ �«�� s ® Z �\f PHRe Qun0,2 14 Site 3 #3 Cape Fear River Basin Name Index Number Classification Class Date Description S ecial Desi nation All connecting drainage canals 18-64-7-1 C;SW 09/01/74 From source to Cans Creek Allen Creek (Boiling Springs Lake) 18-85-1-(1) B;Sw 09/01/74 (From source to Boiling Springs Lake Dam Allen Creek (McKinzie Pond) 18-85-1-(3) C;SW 09/01/74 From Bailing Springs Lake Dam to dam at McKinzie Pond, Lilliput Creek Alligator Branch 18-66-4 C;SW 04/01/59 From source to Hood Creek Alligator Creek 18-75 SC;SW 04/01/59 From source to Cape Fear River �— Anderson Creek 18-23-32 C 04/01/59 From source to Little River Angola Creek 18-74-33-3 C;SW 04/01/59 From source to Holly Shelter Creek Angola Creek 18-74-26-2 C;SW 07/01/73 From source to Cypress Creek Ashes Creek 18-74-34 C;SW 04/01/59 From source to Northeast Cape Fear River Atkinson Canal 18-29 C 09/01/74 From source to Cape Fear River Atlantic Ocean 99-(3) SB 04/01/59 The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that extends from the edge of the White Oak River Basin to the southwestern end of Smith Island at a point called Baldhead. Atlantic Ocean 99-(2) SB 04/01/59 The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that extends from the eastern edge of the Lumber River Basin to the eastern end of Oak Island. Avents Creek 18-13-(1) C;HQW 08/01/98 From source to a point 1.3 miles upstream of Harnett County SR 1418 Avents Creek 18-137(2) WS-IV;HQW 08/01/98 From a point 1.3 miles upstream of Harnett County SR 1418 to Cape Fear R ` '' f, rc, SEP 0 2011 DCP01 Vt119 tL dG3rwY(i ? �i Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 1 of 98 F."A A NCDENR North Carolina Department of Environment and Natural Resources Pat McIr rory John E, Skvarla, III Govern Secretary September 4, 2014 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS TOWN OF NORTH TOPSAIL BEACH ATTNI STUART TURILLE 2008 LOGGERHEAD COURT NORT# TOPSAIL BEACH, NC 28460 RE: Project Name: TOWN OF NORTH TOPSAIL BEACH PARKING LOTS - EXPRESS cres Approved: 4.91 roject ID: ONSLO-2015-021 County: Onslow, City: North Topsail Beach 'Address: 3960 River Road Rd. c C 0 River Basin White Oak E. VEE) Stream Classification: Other 3(M 1'VIL MINGTON Submitted By: Charles Riggs, PLS, Charles F. Riggs & Associates, Inc. SEP O �^�j[ � Oate Received by LQS: September 2, 201_4 Plan Type: Other Dear Ivi#- Turille: This ofl5ce has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must b3 posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Please Pe aware that your project will be covered by the enclosed NPDES Construction Stormwrter General Permit NCG010000. Please become familiar with all the requirements and conditir of this permit in order to achieve compliance. Title 15 kNCAC-4B .0118(a) requires that a copy of the approved erosion control plan be on file at the j b site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405•PHONE:910-798.7215/ FAX 910-350-2004 Intemet:; htto:Uoortal.ncdenr.org/web/lr/ An Equal Opportunity S Affirmative Action Employer -50% Recycled 116%0'Post Consumer Paper Approval with Modifications and Performance Reservations " alle c 4, 2014 4, firth Carolina's 'Sedtmentatioii Pollution. Control Act .is performance -oriented, 'requiring Stec on_ of existing rnatural resources, and adjoining properties. If following the mm ucementof this project, the erosion and sedimentation control plan is inadequate to meet requirements :of the Sedimentation Polluti' ' .Control Act of 1973 (North Carolina. General' Itute 113A-51 through 66),,,this office may require revisions to the;plai and implementation of re 'signs to. ensuze compliance with the Act cep�ance and approval of this plan is conditioned, upon; your compliance -with Federal and ate water quality laws, regulations, and rules. In.addition, local city or county ordinances or es ay apply; to this land disturbing acfivity This approval does not supersede.any other 1mi�or approval.. ase{l{note that this approval is based in part onahe accuracy of the information provided in the 1 our, I a.Kesponslbnny corm, Wrncn, you provlaeo. You fare requesrea io rue:an am, enaea corm. - [sany change in the information-included<ori the form. In addition, it would be helpful if f,y ihis office of the proposed starting date,;for this project: Please notify vs if you plan to reconstruction conference. operation appreciated. Sincerely.; with Modificationsand Perforruarice:R.eservatioris 4, 2014 Pip'J69-t Nam Project ID; county On 3 p responsible, ,for tli Piedis complete. years tollowing the date, of approyal, it no land -disturbing i by TitlQiS"A,N6XQ 4B .0129. 6ritrol of,,,§66nent :on -site. If the, ,approved erosion and erosion control requirements as ne ediment' beInsper &ted after bs$a,ly'an ine the devicels a60, 6'cqpacjty, ncii6hifuntii allgrading and fin lands' c4ping mined to -be, left,undistuOpci by, the proposed ;etatiowwulimi an . y existing ditch or channel is , with' , ;- ; slopes of2 lyeitical or vegetatia Is consfd6red'hew,earth,wotk and is at ill',perinits; and 'approvals necessary for the' . co Jf Cldf this land disturbirtg activityTh-is"u d- � rce DM6 -,Water, Resobs', . e4forqenient: Actrrthe U.S. Army Corps of Engineers' B Division of ^Coastal, ManagerheuVs CAMA. -uVsIabdfijl regulati'dus the Environmental" koers.jdrisdirtion 4i he Clean Watef'Adt, local bo required. ^This apprcdal caunoi.supers�e Or der 'der _ from the Corps of ias. All highland Would still .have to in )I Act' ion, 401 or 404 of the `Clean Water , Act the re 6f'tfie Division of Wafer 1 Ress 1 0 1 urMj I . Protection Agen6y'()�PA),f6.5 , plectivIelly.' Any al wetland . `areas -'muse , be approved .by the 10 EPA, it is the responsibility -of'the developer to o plan can e r)' an adequaWic61xtingericy' bL. trade to I I . , . " "'violation'ft�i; � Failure iodoso�willbeconsid6red:ii,.o.� 15 Letter of Approval with Modifications and Performance Reservations Stuart, rurille Sept.e' ber4, 2014 Page 4 of 4 6: anyborrow material brought onto this site must be from a legally operated mine orother approved s�turce. Any soil waste that leaves this site rcan ,be transported to a poninittedi mine or separately p rmitted construction sites without additional permits. -Disposal at any other location -would have'to be iiii.cluded as a -permit revision for this approval. 71 T;his;permit allows.for a land disturbance, as called for.on the application plan, not to exceed; 491 acres. Fi ceedtng that`acreage•will be'a violation ofthis perrtiit and would require a revised plan and'additional application fee:, Any addition in impervious surface, over that already hoted on the approved plan, would also require.a revised plan to verify the ..appropri$teness of the erosion control measures and s ormavaterretention measures. 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts,a maximum of eight`(8) feet apart..' Omission of tfie reinforcing wtre'is a construction change.thatmore pbsts'for support; i.e., flip spacing distance needsto be reduced to no greater than six(6) feet apart: 9: A� graveled construction; entrance must be ,located at each point of access and egress available to construction vehicles during the grading aM.constructlou,p.bases,ofthis project. Access; and egress fi'oin the project site at a point without a graveled entrance will be considered a violation of this a proval. Routine maintenance of the'entrances.is critical: -1.0. ' As :a 'condition of the provided' NPDES 'Getieral Stormwater Permit;, groundcovor stabilization must meet specific time .frames. Slopes ,(inetuding'cut9,i `fills; and ditch, banks) that are" .steeper than 3 h • rizontal to I vertical left exposed will, within seven (7)•calendar days after compledon of any phase o gtadin- tie provided with groundcover. .Slopes that are' 3 horizontal to 1 vertical or flatter will"be p ovided with groundeover within fourteen (14) calendar days. 11. A apart of rot fine monitoring of the approved land -disturbing activity the fmane, My responsible. Tarty shall assure inspection's of the area covered;by the approved plan after eacl,phase of the plan has baen completed, and after establishment of temporary ground coverin accordance With North Carolina Gi neral Statute 113A-54a (e): - RECO ED, DGM WILMIiNGTON, NC SEP b.� �014 j .5k3 OCEAN HAZARD AEC NOTICE Project is in an: x Ocean Erodible Area _2L High Hazard Flood Area Inlet Hazard Area Property Owner: RAJDC Holdings, Inc. and Topsail Beach, LLC. Property Address: 4030 Island Drive, North Topsail Beach, NC 28460 Date Lot Was Platted: 3/ 2 2/ 2 0 0 5 This notice is intended to make you. the applicant, aware of the special risks and conditions associated with development in this area. which is.subject to natural hazards such as storms. erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations arc designed Ye minimize, but not eliminate, property loss from hazards. By granting permits. the Coastal Resources Commission does not guarantee the safety of the dovelopment and assumes no liability for future damage to time development. Permits issued in the Ocean }Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual Ion. —term average occatortmsion rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past id years. 1also indicate that the shoreline could move as much as feet landward in a major storm. t7 t7oe1*waters in a major storm are predicted. to be about' I feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structuressuch as bulkheads, seawalls, revetnmems, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The appli cam acknowledge this information and requirements by -ignin this notice in the space below. Without theprop3�.rsign, tune, th application will not be complete. Date Alk- 1 h�{f LLB f SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of die third year following the year in which the permit was issued. Shortly before work begins on the, project site,. the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. substantial progress on the project must be made within 60 days of this setback determination. orthe setback must be re -measured. Also, the occurrence of it major shoreline -change as the result of a storm within the 60-day period wil[,necessitate re -measurement of the setback. it is impormat that you check with the LPO before the permit expires for official approval to continue the work after the. permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, pennil renewal can be authorized. It is unlawful to continue work aller permit expiration. For mare information, contact: �!}svrf f�triL.^ Local Permit Officer z�t Address li✓l.l�rvt . NC �Z K �-o S Locality Phone Number k-t �W �a :7r� 9 n.f: <•�F. Revised May 2010 (LAtTDc. ff-I-D N6S, Xdc. •Pcrmit•Class NEW Permit Number 5_15 STATE OF NORTH CAR®1LENA Department of Environment and Natural Resources and Coastal Resources Commission VITMa"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of North Topsail Beach, 2009 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow County Atlantic Ocean, 4030 Island Drive, North Topsail Beach as requested in the permittee's application dated 8/25/14 including the attached workplan drawings (3) all dated 8/25/2014 and AEC Hazard Notice dated 8/26/14 This permit, issued on January 15, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Up Land Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the construction of the parking lots, restroom facility and other amenities, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) All portions of the parking lot shall be constructed landward of the small structure setback. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENK and the Chairman of the Coastal Resources Commission. ,/t/ Braxton C. avis, Director Division of Coastal Management This permit and its conditions are hereby accepted, Signature of Permittee Town of North Topsail Beach (Permit #MV (Page 2 of 3 AIDIDIITIONAL CONDITIONS 3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and the small and large structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is void and shall be re-established. 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any AEC standards, the more restrictive standard shall apply. 5) For all portions of all parking lots located seaward of the large structure setback line referenced in Condition No. 3 of this permit, no individual section of parking lot shall exceed 5,000 square feet in size. Each parking lot section shall be physically detached from adjacent sections. This physical detachment may be accomplished through the use of large expansion joints, unpaved strips of bare sand or paver stone. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. 8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales, etc.). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 9) No wetlands or open water areas shall be excavated or filled, even temporarily, without additional authorization. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. Town of North Topsail Beach Permit #5-15 Page 3 of 3 ADDITIONAL CONDITIONS 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWR Project No. 14- 0974. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2007-01396. DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City Washington ilmington SS US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Ra ' h-Bland ler Crumbley' Renee Gledhill -Early or ( ronmental.reviewC�ncdcr.go Diane -I. -Williams (WIItO) \ Joey ite Pace -) +— Walton > �— Karen Anthony Scarborough anne Steenhuis — 0r-- _ C a o rn=401 Linda Lewis - Stormwater Dunn (WARD) Fax Distribution: Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Town of North Topsail Beach — Parking Area Project (Site #3) 2. LOCATION OF PROJECT SITE: The project site is located at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index-2006: 28-(6491): Q, R, 8-11 2000: 28-(384): R, 7-11 1995: 28-(371): R, S, 11-15 State Plane Coordinates — GPS File: N090410A X: 2467724 Y: 269026 Lat.:34°25'48.32"N Long: 77°26'47.25"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/4/14 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — Complete 9/9/14 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — Developed (B) AEC(s) Involved: OH, (C) Water Dependent: No (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing —Municipal Sewer Planned - N/A (F) . Type of Structures: Existing — Unimproved parking area and structural access walkway(s) Planned — Proposed parking area and beach access walkways (including ADA access) (G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: I.W' .-IN • (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water (C) Other (Highground) 64,096 sq. ft. (1.471 ac.) disturbed for parking In creation (D) Total Area Disturbed: 1.471 (64,096 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant is proposing to install a gravel parking area and a handicap accessible beach access walkway with amenities. Town of North Topsail Beach Parking Area Project (Site#3) Date: September 9, 2014 Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. To get to the site from Wilmington take US HWY 17 N to Old Folkstone Road (State Road 1518 which is approximately 4.0 miles past Holly Ridge). Continue along Old Folkstone Road until you reach the four way stop light at the intersection of Old Folkston Road and NC Highway 210. Turn right onto NC Highway 210 and travel approximately 3.9 miles. The project site will be located on the left hand side of the road, just beyond the St. Maritz condominium complex and across from Rogers Bay Campground. St. Moritz borders the project area to the north, residential properties border the site to the south, the Atlantic Ocean Borders the site to the east and NC Highway 210 and Rogers Bay Campground border the site to the west. The project area would span a distance of approximately 820 linear feet along the oceanfront. The current elevation of the project area ranges from approximately 1' at Normal High Water to approximately 8' at Normal High Water. The highground portion of the property is primarily vegetated with native scrub vegetation and beach grasses including, but not limited to: American Beach Grass, Sea -Oats, Bitter Panicum and Sea -shore Elder. Historically, the subject property has been used as a parking area by tentants of the Rogers Bay Campground as well as the general public, and although unimproved, the site is still being utilized for parking. In addition, two public beach access walkways exist on the site, one on each end of the property. According to information presented by the applicant, the Town of North Topsail Beach has entered into a 5-year lease agreement with Topsail Beach, LLC and RAJDC Holdings, LLC (Property owners). The lease agreement (copy of which is included herein) would effectively expire or terminate on, or prior to March 31, 2019. At which time, the lease may be renewed or suspended. Permitted uses on the three tract parcel (i.e. subject property), include the operation of a Town run parking lot or "Parking Facility", as it is referred to in Section (5) of the lease agreement, with no other uses or purposes without the Landlord's prior written consent. Additionally, Section (8) of the lease agreement states "During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities". The annual erosion rate for this particular area of North Topsail Beach is 2.0'/year, based on the Division of Coastal Management's 2011 Annual Erosion Rate maps. Studies indicate the shoreline in this area could move as much as 260' in a major storm event and flood waters could be as much as 14' deep. The Town of North Topsail Beach's Land Use Plan classifies this area of North Topsail as Mixed Use Business. The waters (Atlantic Ocean) of the project site are classified as SB by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of the Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to install a stone/gravel parking area and beach access walkway within the project boundary. As designed, the gravel parking area would provide parking for up to 101 vehicles (75 proposed parking spaces + 26 existing spaces). Additionally, the project consists of the construction of a restroom facility, bike rack, outdoor shower and water spigot and a handicap accessible dune crossover (i.e. structural access walkway). Town of North Topsail Beach - Parking Area Project (Site#3) Date! September 9, 2014 Page Two The parking area(s) would consist of a combination of ABC stone and gravel. A new driveway connection to an existing.public NCDOT street (Island Drive) would have asphalt aprons, and gates would be installed at the entrance/exit points to prevent after-hours access. As proposed, the existing parking lot entrance would be relocated to align with the entrance to the Roger's Bay Campground entrance, which would be located along the southern end of the project boundary. Here, the applicant proposes to install a 10' x 10' wooden deck with water spigot and two portable toilets. A second entrance/exit point would be constructed around the central portion of the property boundary and it too would consist of an asphalt drive with aprons. A gate would also be installed at this access point. The applicant proposes to leave the existing asphalt drive in place and cover the area with gravel, with the exception of a small patch of asphalt located along the northern project boundary. Here, the applicant proposes to remove the existing asphalt and install vegetation to provide a "buffer" between the proposed parking area and the St. Moritz condominium complex. In addition, a 25' wide vegetative buffer would remain in place and would separate the proposed parking area(s) from NC Highway 210. The existing asphalt drive referenced above is approximately 10' (w) x 660' (1) and spans the eastern portion of the property, just landward of the toe of the dune. The applicant states that the existing dune crossover near St. Moritz, which is used by Roger's Bay Campground, would not be incorporated as a pedestrian access walkway for the new parking area and would be "blocked" by the installation of a vegetated buffer. In addition to the other security and preservation features, the applicant proposes to install a 4' tall picket fence around the entire perimeter of the parking area. The fence would be used to prevent foot traffic and any other unnecessary access up and over the dune system. Lastly, the applicant proposes to install a handicap accessible beach access walkway along the eastern property boundary. The walkway would be centrally located and would span from the parking area to the dry sand beach. Two portable toilets would be installed in the parking area near the entrance to the walkway, as would a trash receptacle. The walkway would be approximately 6' wide and would span a distance of approximately 90' across the dune. Steps would be constructed along the southern side of the handicap ramp to allow for pedestrian access. A flat 6' x 12' platform would be located in the middle of the walkway, which would allow for viewing/observation. As designed, the ramp would "zig-zag" in a north/south direction to obtain the appropriate grade/slope required for ADA accessibility. Adjacent to the handicap access, the applicant proposes to install a 10' x 10' wood deck with shower spigot for rinsing. The proposed bike storage would be located directly across from the proposed handicap access, on the opposite side of the gravel drive. 10. ANTICIPATED IMPACTS The applicant's proposal, to construct a parking area with handicap accessible dune crossover (i.e. beach access walkway) and amenities, would disturb approximately 64,096 sq. ft. (1.471 acres) of high ground, all of which is located in the Ocean Erodible Area of Environmental Concern (AEC). As designed, no portion of the proposed project, with exception of the beach access walkways, would be located within the 60' setback, as measured from the First Line of Stable Natural Vegetation (FLSNV). In addition, it does not appear that any portion of the project, with exception of the beach access walkway, will impact the frontal dune, or dune vegetation thereon. The applicant has not yet obtained a Stormwater Permit for the proposed development; however, a Sedimentation and Erosion Control Plan has been approved for this project, under the authorization ONSLO- 2015-021, which was issued on September 4, 2014. Submitted by: Jason Dail Date: September 9, 2014 Office: Wilmington Recommendations for State Permit —North Topsail Beach —Parking Area Project (Site #3) As proposed, this project appears to be CONSISTENT with Rule(s) 15A NCAC 07H .0306 and .0308, established by the Coastal Resources Commission. Based on this information, the Wilmington Regional Office has NO objections to the project as proposed. Any permit issued should reflect all applicable Ocean Hazard AEC Rules. �'® L North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 15, 2015 Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, N.C. 28460 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229, Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, 7 _ Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastalmanagement,net An Equal Opportunity /Affirmative Action Employer CHARLES K SIGGS & ASSOCIATES, INC. 'Land Surveyors Charles F. Riggs, P.L.S.1-2981 502 NEW BRIDGE STREET �1°'KPeo� James A Lewis, P.L.S. L 450 P.O. BOX 1570 101 soots n01 Loop Road Kenneth E. Johnson, P.L.S.IA925 JACKSONVILLE, NORTH CAROLINA 29MI tVihnboA mr— 28411 Corpomte License (C-730) TELEPHONE: (910) 455-0877 (910) 681-7444 E-MAH,: TiMInnd(albizec.rr com ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that own property adjacentto three tracts (Tax )IJs 769-4. 769-43, 769-9.1) owned by . Topsail Beach, LLC & RAJDC Holding, Inc. on Island Drive (Hwy210), Town of North Topsail Beach, Stump Sound Township, Onslow County, North Carolina. Town of North Topsail Beach leases the land and proposes to construct as 4. rte 3 a parking lot consisting of impervious and pervious stone surface complimented with temporary portable restmam stiar*+res, hose spigot for rinsing station and one wooden handicap accessible crossover accesses to the beach area. The existing parking men will be incorporated into the new development plan to provide tmiformed/desi pmW parking spaces. Water service will be provided by ONWASA. All areas of envaoamemal concern have been evaluated by the North Carolina Division of Coastal Management and U.S. Army Corps of Engineers; them areas have been identified on the enclosed plans. The State of North Carolina Division of Coastal Management does not require a response; however the State does consider no response to be no objection. If you do wish to respond or ifyou have objections, pletlee state them in the space below and return this form in the addressed, stamped envelope provided to Charles F. Riggs & Associates, Inc., P. O. Box 1570, Jacksonville, NC 29541. Please check the appropriate space for your response. V) I have objections to the proposal. 1 have no objections to the proposal. w 02 Dde Print or Type Name 014-990-116r� gl9�7R -y!6'1 Telephone Number RECEIVED DCM WILMINGTON, NC SEP 0 9 Z014 CHARLES F. RIGGS & ASSOCIATES, INC. .s'1T� 3 Land Surveyors Charles F. Riggs, P.L.S. L-2981 502 NEW BRIDGE STREET Wilmington Office: James A. Lewis, P.L.S. L-4562 P.O. Box 1570 101 Scotts Hill Loop Road Kenneth E. Johnson, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Wilmington, N.C. 28411 Corporate License (C-730) TELEPHONE: (910) 455-0877 (910) 681-7444 E-MAIL: rigs1Q andgbizec.mcotn ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to three tracts (Tax IDs 769-4. 769-4.3, 769-9.1) owned by Topsail Beach, LLC & RAJDC Holding, Inc. on Island Drive (Hwy 210), Town of North Topsail Beach, Stump Sound Township, Onslow County, North Carolina. Town of North Topsail Beach leases the land and proposes to construct as Site 3 a parking lot consisting of impervious and pervious stone surface complimented with temporary portable restroom structures, hose spigot for rinsing station and one wooden handicap accessible crossover accesses to the beach area. The existing parking area will be incorporated into the new development plan to provide uniformed/designated parking spaces. Water service will be provided by ONWASA. All areas of environmental concern have been evaluated by the North Carolina Division of Coastal Management and U.S. Army Corps of Engineers; these areas have been identified on the enclosed plans. The State of North Carolina Division of Coastal Management does not require a response; however the State does consider no response to be no objection. If you do wish to respond or if you have objections, please state them in the space below and return this form in the addressed, stamped envelope provided to Charles F. Riggs & Associates, Inc., P. O. Box 1570, Jacksonville, NC 28541. Please check the appropriate space for your response. (✓ ) I have objections to the proposal. I have no objections to the proposal. /y Oignature Date 6/(/F r, ,E `fat Print or Type Name SEP 03 2014 Telephone Number ;W p jji�43:'FIFli+ti l�iY, G�s11� Comments: /J',Jlptn ihfi°1(1l!<P/i 11d A)rf7GP°L{V _L Ll){�'4' 11/l) tec /A.6ii cede /WA'- �i/f?rN�, �au1 fo Moog' ttdrew ormis %Eau x as MY o�3S�cFio�.) teahs NO Ai �Ao fs G)i�Ja mavc�i1 ANC ftie SA�ne u/�y ui�Isti y �+vaf�r��e0 �4�0 rf r fi/W- - Pr��sm ref e1��r� Alippe4eo . I L -mi( � �nrrnrl�n o tj" S011 AMU IAAA,p. 0rlt7) L�— . \I.. -I :J,, Charles F. Riggs, P.L.S. L-2981 James A. Lewis, P.L.S. L-4562 Kenneth E. Johnson, P.L.S. L-4925 Corporate License (C-730) CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors 502 NEW BRIDGE STREET P.O. Box 1570 JACKSONVILLE, NORTH CAROLINA TELEPHONE: (910) 455-0877 E-MAIL: rigsla�nd(a4bizeexr.com Wihnington Office: 101 Scotts Hill Loop Road 28541 Wihnington,N.C. 28411 (910)681-7444 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to three tracts (Tax IDs 7694.769-4.3, 769-9.1) owned by Topsail Beach, LLC & RAJDC Holding, Inc. on Island Drive (Hwy 210), Town of North Topsail Beach, Stump Sound Township, Onslow County, North Carolina. Town of North Topsail Beach leases the land and proposes to construct as Site 3 a parking lot consisting of impervious and pervious stone surface complimented with temporary portable restroom structures, hose spigot for rinsing station and one wooden handicap accessible crossover accesses to the beach area. The existing parking area will be incorporated into the new development plan to provide uniformed/designated parking spaces. Water service will be provided by ONWASA. All areas of environmental concern have been evaluated by the North Carolina Division of Coastal Management and U.S. Army Corps of Engineers; these areas have been identified on the enclosed plans. The State of North Carolina Division of Coastal Management does not require a response; however the State does consider no response to be no objection. If you do wish to respond or if you have objections, please state them in the space below and return this form in the addressed, stamped envelope provided to Charles F. Riggs & Associates, Inc., P. O. Box 1570, Jacksonville, NC 28541. Please check the appropriate space for your response. I have objections to the proposal. I have no objections to the proposal. Signature Date Print or Type Name SEA' 2014 Telephone Number Comments: N �.,. CO D r9 Postage s U1313 1.5 Certified Fee Itl r3 Return Receipt Fee Postmark O (Endorsement Required) "•0,ilfi o ,I&t'_llild: n '' Restricted Delivery Fee ° / r3 (Endorsement Required) F� fir- I„^ IT -^� '"', Lrl 1' riJ Total Postage & Fees $ a ft1 Sent a u LU OT, t ,g I"f o --��r �30 I) w M1 or Bar No t O Ct ,$YateP�Q 1 t� `-= b v�J �l \UVllyt}�sfiiit-s�a�j�♦l; . CO CO M1 Y•U II C1AL USE] ..D V rR Postage $ ED Certified Fee M Postmark 17 Retum Receipt Fee fj•N Here 0 (Endorsement Required) E3 Restricted DeOveiy Fee RU U t O (Endorsemem Requlmd) to 4 i , E1 08A.1612LM ru Total Postage & Fees $ ru Sent To117 y/�/�/ _/}.--.� r I 0 ..._._. !._.:.r.__.).)5.ttyy :�st'rS55................. L:.,................... Or orPOBpz Noo.: _..._ Gity, SYate, Z!P 'Moro py.{— I o4-0 o Complete -items 1, 2, and 3. Also complete item 4 if. Restricted Delivery is desired. 0 Print your name and address on the reverse , so that we can return, the card to you. 10 Attach this cans to the back of the mallpiece, or on the fron�ifspace PerFnits; '. 1. Article Addressed tb: "^,- )Z S1- ��vr`i i LZ 4i`t - AM A. X B. D. Is delivery address different from hem 1? If YES, enter delivery address' below: O Certified Maiie ❑ �Priodty Mail Express" ' ❑ Registered 11 Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4 Restricted Delivery? (Extra Fee). ❑ Yes '2. Article Numtier i l ` 1 ]'t ! +,.may' D t t f r ' 5 j i0) ! fz r `—fTr-T� (Transfer from service label '7 U 1 1 (y- ( , -t' .f'S Form ,'S`a'ii -July 2013 Domestic Return Receipt a Complete Rems'1, 2, and 3. Also complete item 4 if Restricted ,Delivery is desired. I © Print your name and address on the reverse so that we can return the card to you. Ili Attach this card to the back of the mailpiece,- ._ or on the front if space permits. t 1. Article Addressed to: °I oti'O _. . X ❑ Addressee eceivedby(Pdnt d ame) C. Date of Delivery' ). Is delivery address different from Item rr ", 1` if - If YES, enter delivery address below: ❑ No .A. 3. Service TypeIvI ❑ Certified v(11a110] tQ R{iorh all Express"' O Registeretl Lf i F%tum eceipt for Merchandise ❑ Insured Mail 0 Collect.on Delivery - I 4. Restricted Dellro ji "+ ,'es 2.Article Number rr .,are. rmm conAna /aNag V r � PS N EEIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor September 9, 2014 Town of North Topsail Beach Attn: Stuart Turille, Town Manager 2008 Loggerhead Ct. North Topsail Beach, NC 28460 Dear Mr. Turille: John E. Skavada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the North Topsail Beach parking lot project (Lot #3), located adjacent to the Atlantic Ocean at 4030 Island Drive, in North Topsail Beach, Onslow County. The application package was received as complete on September 9, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 24, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you. should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75m day. If this agency does not render a permit decision within 70 days from September 9, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. ;cerKe' y/DailRepresentative Enclosure cc: Jonathan Howell, DCM Ronnie Smith, COE Maria Dunn, NCWRC Chad Coburn, NCDWR Charles F. Riggs and Assoc., Attn: Charles Riggs, PO Box 1570, Jacksonville, NC 28541 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395,3964 Intemet: www,nccoastaimanagement.net North Carolina Secretary of State Page 1 of 1 Site 3 Account Login Register North Carolina Elaine F. Marshall DEPARTMENTOF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 6/11 /2014 Click here to: View Document Filings 1 File an Annual Report J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC TOPSAIL BEACH LLC LEGAL Limited Liability Company Information SOSID: 0334654 Status: Current -Active Effective Date: 12/211993 Citizenship: DOMESTIC State of Inc.: NC Duration: DEC 2010 Annual Report Status: CURRENT Registered Agent Agent Name: BLAND, ELLEN JEFFREYS Office Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Malting Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Principal Office Office Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 flialling Address: 2026 HWY 70 WEST GOLDSBORO NC 27530 Officers/Company Officials Title: MANAGER Name: ELLEN JEFFREYS BLAND Business Address: 602 BROOKWOOD LANE GOLDSBORO NC 27534 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3333 U SEP 0 3 20A f7CiM `+yILM1NGON, NC lit ln:/Iwww_cecretw v sf ate.nc.us/cnrnnrarionc/Carn.usnx?P item ld=4R43 703 h/ 11 /2014 orth Carolina Secretary of State Paee 1 of 2 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF 111E Secretary SEGRETA.RY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)B07-2000 Date: 6/11 /2014 Click here to: View Document Filings I File an Annual Report J Print a pre -populated Annual Report Form I Amend A Previous Annual Report Corporation Names Name Name Type NC RAJDC HOLDINGS, INC. LEGAL NC R. A. JEFFREYS PREV LEGAL DISTRIBUTING COMPANY NC JEFFREYS BEER AND WINE PREV LEGAL COMPANY Business Corporation Information SOSID: 0085874 Status: Current -Active Effective Date: 6/19/1963 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Nano: JEFFREYS, ROBERT A. Office Address: 2026 HWY 70 WEST GOLDSBORO NC 27530-9542 Mailing Address: 2026 US HIGHWAY 70 W GOLDSBORO NC 27530-9542 Principal Office Office Address: 420 CIVIC BLVD SE� 0 3 2011i RALEIGH NC 27610-2967 2lailinnAddre^s: 420CIVICBLVD 13C¢+da ��!LMI)' GTL1r.g. 49C RALEIGH NC 27610-2967 Officers/Company Officials Title: PRESIDENT Name: ROBERT A JEFFREYS Business Address: 3102 CASHWELL DR UNIT 52 COI i 7tiRCiRO NC i7530 Title: SECRETARY CHARLES F. RIGGS & ASSOCIATES, INC Land Surveyors Charles F. Riggs, P.L.S. 1-2981 502 NEW BRIDGE STREET Wilmington Office: James A. Lewis, P.L.S. L-4562 P.O. Box 1570 101 Scons Hill Loop Road Kenneth E. Johnson, P.L.S. L4925 MCKSONVIL L E, NORTH CAROLINA 28541 Wilmington, N.C. 29411 Business License: C-730 TELEPHONE: (910) 455-0877 (910) 681-7444 E-MAIL: rieeslandnbizec.rr.com Agent Authorization Form To whom it may concern: Parking Site Property Legal Description: ParcelIDs: 769-4.3 & 769-9.1 Street Address: Hwy 210; Island Drive Subdivision: County: Please Print: Property Owner (Title, if applicable): Topsail Beach, LLC The undersigned, registered property owners of the above noted property, do hereby grant permission for Charles F. Riggs and Associates, Inc. and the employees thereof, to enter my property and take all actions necessary for the design, processing, issuance and acceptance of all local, state and federal development permits of the property including but not limited to Division of Coastal Management, US Army Corps of Engineers, Division of Energy, Mineral and Land Resources, and NC Department of Transportation for the purpose of fulfillment of allowable activities within the parameters of the lease to the Town of North Topsail Beach with respect to parking and other related uses. Property Owner's address and contact information: Address 2026 US Highway 70 W Telephone Number: Facsimile Number: ( l f) 7-3.�f' 5-3,fdo Email Address: Authorized Signature, Title: N t�'f0-1�112ti4to9, dA1K' a I rf Filename: 1405OX NTB Agnet Authorizarion- lease.docx Page 1 Dail, Jason From: Wilson, Debra Sent: Tuesday, September 09, 2014 8:22 AM To: Simpson, Shaun; Dail, Jason Subject: FW: St Moritz From: Martin Lang [mailto:lang.martinjOyahoo.coml Sent: Monday, September 08, 2014 9:30 PM To: Wilson, Debra Subject: St Moritz Hello Deb- its Martin Lang, President of the St Moritz HOA. I held a lively meeting for the association on August 30 2014. We encouraged the owners to reach out to you regarding their strong opposition to public parking adjacent to our property. The fragile eco system can not safely accommodate an influx of people with the proposed scope of parking this large. Are you aware that the developer, Riggs, announced in a town meeting on July 9 2014 that the project will start October 10 2014? Once again North Topsail beach is over reaching in their determination to push a poorly planned project forward. I have sent you letters detailing reasons for our strong opposition. I also forwarded letters to Braxton Davis. Those letters were returned undeliverable. Would you please provide me an accurate address for Mr. Braxton? Thanks for your assistance. We will be in touch. At the town meeting this week the town discussed making "Pumping stations" on the adjacent property. Not sure what that means?? Sincerely, Martin Lang 724-454-5856 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of North Topsail Beach COUNTY: Onslow PROJECT NAME: Parking Area Project Site #3 LOCATION OF PROJECT: 40301siand Drive, adjacent to the Atlantic Ocean, in North Topsail Reach, Onslow Co. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-9-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: LO- Z — B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 9-12-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 9-10-14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 00 END OF NOTICE DATE: 10-3-14 1�711i7;iolNla71 ON: 150 DAY DEADLINE: STATE DUE DATE: 10-3-14 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Vt I2- I, r� Coastal Management - LUPConsistency Division of Community Assistance Land Quality Section (DEMLR) ($- (y 5} E Division of Water Resources (401) 26' 1 I4-0g1t(- , Pet M-A- R rc s Storm Water Management(DEMLR) State Property Office (p _ 1.11� ✓ Division of Archives & History �(- I $-1 tj Division of Environmental Health a_ 1 t�-1 H /✓ ✓ Division of Highways 11-1y r, ew L Wildlife Resources Commission I o -14-14 Local Permit Office S E P 12 2014 Division of Marine Fisheries / DCM - ► H Corps of Engineers -1-/ t/ Ala 6' m'-+ A144� FCDEEIR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 10, 2014 *f ,9lsiT Division of Coastal Management SEP 2014 MEMORANDUM: N TO: Maria Dunn NCWRC Q�6�BZ gZS WaRO / WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NT8, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1�— DATE 10-1-2a14= RECEIVE® OCT 14 1"°^ N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.n=astalmanagement.net An Equal Opportunity \ Affirmative Action Employer ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Jonathan Howell, Assistant Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Region Coordinator Habitat Conservation Program DATE: October 7, 2014 RECEIVED OCT 14 109 SUBJECT: CAMA Dredge/Fill Permit Application for Town of North Topsail Beach, Parking Site # 3, Onslow County, North Carolina. DCM-MHD CI,rx Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 4030 Island Drive, adjacent the Atlantic Ocean in North Topsail Beach. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to install a gravel parking area and handicap accessible beach access walkway with amenities. Approximately 101 spaces will be assigned in the area, expanding and improving an existing 26 space parking area used by Rogers Bay Campground and the general public. In addition to the unimproved existing parking area, native scrub and beach grass vegetation is present within the new parking area layout. The current entrance would be realigned with the Rogers Bay Campground entrance and bathroom facilities will be constructed. A 4' picket fence would be along the edge of the dune to prevent dune crossovers outside the designated area. The crossover near St. Mortiz will be "blocked" with a vegetated buffer and not used a pedestrian walkway. The Atlantic Ocean is classified SB by the Environmental Management Commission. The NC WRC has reviewed the permit application to determine the project's impact on wildlife resources. As with all projects that increase public access, there is potential for increased impacts to wildlife. Therefore, we strongly encourage North Topsail Beach to consider the need for all the currently proposed parking, including three other parking areas, and their impacts to wildlife resources such as sea turtles and shorebirds. We recommend that any public access points install an educational kiosk Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CMDF_NTI3 Parking A3 Page 2 October 7, 2014 describing wildlife and natural resources that may utilize that specific area Measures should also be taken to minimize impacts to the dune system from either crossovers to access the beach or public retreat toward the dunes from high tides. Since the parking facility is proposed to be closed during certain hours, lighting should be minimal and designed not to interfere with nesting and hatching sea turtles. The NC WRC appreciates the opportunity to review and comment on this permit application. Our staff is available to provide additional information regarding educational information for the kiosk as well as guidance on parking lot lighting. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnCgncwildlife.org RECEIVED OCT I a X% DCM4VIHD Cm Recommendations for State Permit — North Topsail Beach — Parking Area Project (Site #3) As proposed, this project appears to be CONSISTENT with Rule(s) 15A NCAC 07H .0306 and .0308, established by the Coastal Resources Commission. Based on this information, the Wilmington Regional Office has NO objections to the project as proposed. Any permit issued should reflect all applicable Ocean Hazard AEC Rules. rDrRECEIVEDEP 12 2014 CM-MHD= U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2007-01396 County: Onslow NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner / Agent: Mr. Stuart Turille Town of North Topsail Beach Address: 2008 Loggerhead Court North Topsail Beach, North Carolina 28460 Telephone Number: Size and Location of Property (waterbody, road name/number, town. etc.): The project area is located at 3960 River Road, in the Town of North Topsail Beach, Onslow County, North Carolina. Description of Activity: The proposed project involves the construction of a parking area in high ground. Your work as proposed does not require Department of the Army authorization for the following reason(s): There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project does not impact jurisdictional waters or wetlands. _ The proposed project is exempt from Department of the Army regulation. Specify: The proposed project will not involve a discharge of fill material into wetlands or waters of the United States or involve work below the mean high water line of New River. The project will be built entirely within upland areas/highground and is not subject to the permit requirements of Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Ronnie Smith at telephone number (910) 251-4829. ��.. Regulatory Project Manager Signature Date: August 5, 2014 RECEIVED AUG 0 7 2014 DCM-MHD CIPY Copy furnished: Ms. Laura Stasavich Land Management Group, Inc. 3805 Wrightsville Avenue Wilmington, North Carolina 28403 Mr. Jonathan Howell Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Debbie Wilson Division of Coastal Management N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 LOT 14 1 D ntNSIDN OF O TABLE NOR 1H TOPSAIL SHORES N OInE IIJ1 RARIS C1px r V.B.=3...Pv µ.. e C j 0 1ci.1e N PUT 1 `♦% 1195 CG1R9 TY.T 11i CQY s ne AmwA]¢Y 910LTn T1E ♦ A ! 1MtuxoAln or ra .ualeenul o] zclnn 4a o] ne 1](1I1 t'r1N1 Aer As oertnrm m ne t�p�p aM TMt w1c u1An9 nee K A oUI10[ N AE ur AN>OICIIM WY R lel® W IA NelK fbR A MmnAt� An PAm MOT pEliw M v ♦` `\ Y YCIICr 1W IDU1 10 t]® FA£ YLIM alPa r1w ne w]L lIY n[eYwA]YI19 YAOC 9nm10 nE 1M] 61>OMfAS 1ERMp4 08M1eAT0M YNYN. \� �p 'I P ♦ �w D...1 i�r.� \�g��♦11 ' t a 4'It- 19P} Iflmw21- (11 W2 �I Rparx Zak l39� 'u; \ GRAPHIC SCALE w s e m m m rP\ 1 Inch - EO fL a/V NEW RIVER INLET 2 a�p�,E v s!cr. s1RT>o•Sp.E . ", Q 4t. 52.O5. szazl'52 oB'c $ 43 ]io \ \ . g'A� FLOOD ZONE 'VE' \ \' \ (ELEVATION . 19+2) \ I \ FLOOD ZONE W \ \ (ELEVATION = 15+2) -\ >e N2919'39-W 23239' A >y NOW OR FOR4ETiL 117618 9q.Fi \ _ PADGETT PROMLL flag W3 2'� AGRS \ '� D.B. 1719, P. IB9 LOT 12 EXTENSM OF NW74 TOPSAIL SHORES LLB. 234 P. M ..mry WETLAND DELINEATION FOR NEW RIVER INLET SHORES FORMERLY A PORTION OF LOT 10, M.B. '4, P. 106 h LOTS 13 Ak 14, 23, P. 44 STUMP SOUND TOWNSHIP, ONSLOW COUNTY. NORTH CAROLINA TOWN OF NORTH TOPSAIL BEACH Bw - E>ac�ir m . oelrc 1x - r.Mnw9 FlN . Cee1r9 1G - wnA1 RIP _ Ma Rb_1 0 maTall = _ aP - 9[T n91 91 .nea 9m _ 3ET MAR SPK _ gT PAR 4.� ®- �oouss DATE MARCH 2 R-10 r CON-0 11[M _ 7p � s1n9s°�. 1s 91NF8L QARS 911Atnd JAOt9M t t1rt LYflT1E 1 Jn0t99N dn. 2A6, P 64 M& 540,. 8 m im P6>] IM 1>e, P. V ao1 IM ]!4n P. M> A P. P. r8 P. 1N 10p ma 4 IM P. M M8 P. 1b Mt 47. ], P.M M8 47, P. 1" 118 47, P. 1T cmw3 M9rAlMon (arena. OWNUO v- 5 dF g 50 m, gill BaaF&6pp F115°g6°[pipF 5� tlaaE5egF ae81 °1gB 5ggaQ $tll 11 go o } ...... ® p..... aanQSlaFAli aaaa!l!aatltl9F iF9i9a7€7€797¢�Qp qa �° � !!l991�9�a{5FFF��s58�tli ail°9��9�0 6e �geoil API 111V g III l°Fl i g��P +8tlgq= aQP 45 � ° d �a e Q Sep.18. 2014 12:32PM NC Dept of Transportation No. 574 1 �w �� D/W P aP�7, rr L11� q-ts_I HOERR North Carolina Department of Environment and Natural Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Robert Vause NC DOT Onslow County Resources John E. Skvarla, III Secretary 5EP 12 7014 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when aovroi)riate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This ag ncy oLbjects tot a project for reasorls de cribed in the attached comments. SIGNED I7 (' DATE p 0 N.C. Division of Coastal Management 127 Cardinal Drlve Ext., Wilmington, NC 28405 Phone: 910I96IM I FAX: 9103953984 Internal: www rimuslalmanaoement.nel An Fquai 0ppenuOOAI[inadve Aodtn Fmpleyel NCDENR NoI 16 •Carolina -Department of Environment and Natural Resources !Pat Mccf9ry John E. Skvarla, III Governor,' Secretary September 10 2014 Division ot'Codstal Marfactement MEMORANDUM: TO: Renee Gledhill -Early Dept. of tulturaiAesources Archives' & History FROM: Jonathan H , owell,, NC DENR-DCM Assistant Major Permits Coordinator 400 CommercO,AV6., Morehead Q4,, NC 28557 (Courier 11-12m09) ,SUBJECT: LAMA Permit Application Review Appli,qar.�: Town of North Topsoil Beach - Parking Site #3 Project Locatiom, 40,30 Island Drive, adjacent to the./itlanfic Ocean, in NTB, Onslow Co. I Proposed Project, installation of a,gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your a ' genoy!s,posiiion,or vl6wpoint,on-the proposed project and return this form toJonathan: H6weflatthe address above by October 3,2614. if you have any,qqeslions regarding the proposed project, bontact'Jason Dail at (910)796-7215 REPLY-, This. agencyhas no objection to the project asproposed. LXThis,,,aqency has no comment on the proposed project. This agency 'approves of the project only if the recommended, changes are', incorporated. See attached. ........ - This.agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C_ oivis,,*n of Coast! foinagemeni 127 Cardinal Ofiva Ext, Wilmington, NC 28405 Phone: 910-744-72 15 k FAX,, 910395-3%4 Internet wwmwastafmanacemal.net M E;,A OXMWi 1 Ackm Vr,Y,}er SEP 1 2 2014 r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary C t`1,i f SEP I 0 FUl4 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 40301sland Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if 1the recommended changes are 1 incorporated. See attached. E�es\:a,. " $a.,n;� co,4C.4 ( , >A, �,��;�� M_-tl a1 `FD%J as-*- t-�-qV ve-ct a-er VkQ p Aop-C.A_ of tks i6\\c , This agenccy% objects to the project for reasons described in thratPached comments. SIGNED �� / fz� I DATE 5ep-r t Zf Zor¢ �., t2ECENED SEP 18 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 'DCM•MI1UCiTS' Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opportunity \ AKnnative Action Ennoayar r GJ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 91 lz�J �¢ ik r a c i(o RECEIVED N.C. Division of Coastal Management SEP 18 201A 127 Cardinal Drive Ext., Wilmington, NC 28405 Phonic 910-796.7215\ FAX: 910395-3964Internet: www.nccoastalmanaclement.net DCMMOCTTY An Equal Opportunity I Affirmative Action Employer North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED SEP 11 2014 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: �`\ t,)iS NA1�W�P'1 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 OCT V 7010 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nocoastalmanagement.net DC4444HD ie An Equal Opportunity 1 Aflinnative ActionEmployer - . r NCDENR Pat McCrory North Carolina Department of Environment and Natural Resources Governor John E. Skvarla, III Secretary September 10, 2014 Division of Coastal Management MEMORANDUM: Me FROM SUBJECT: Applicant: Joanne Steenhuis 401 Wetlands DWR - WiRO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Prop d Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: IV® This agency has no objection to the project as proposed. �® d This agency has no comment on the proposed project, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE P€eFIVED N.C. Division of Coastal Management SEP 9 6 70+4 127 Cardinal Drive Ext., Wilmington, NC 28405 DICMNHD CITY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmana.gement.net An Equal Opportunity 1 Ormative Action Employer n NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Diane Williams Environmental Engineer Public Water Supply Resources ECElVE SEP 10 2014 BY: John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in it Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: —k��—This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED�DATE RECEIVED RECEIVED 5FP o 61014 SEP2,620 DCM-MHD dry N.C. Division of CoastalagemenntCtTM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO 1Ff'17 !VE SEP 10 2014 BY: John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. _ , 1, , p REPLY: This agency has no objection to the project as propo �J This agency hasomment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE?J DATE //�/ RECEIVED N.C. Division of Coastal Management SFP 2 6 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MHO CITY Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Oppoduniry 1 Affirmative Action Employer � FA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Town of North Topsail Beach - Parking Site #3 Project Location: 4030 Island Drive, adjacent to the Atlantic Ocean, in NTB, Onslow Co. Proposed Project: installation of a gravel parking area and a handicap accessible beach access walkway with amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by October 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7215 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are 'ncorporated. See attached. fhis agency objects to the project for reasons described in the attached comments. t SIGNED DATE I 25 BECEWW a rimm-mm EP 12 2014N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 C" Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.necoastalmanagement.net An Equal opportunity 1 Alfirmalive Action Employer MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Town of North Topsail Beach, North Topsail Beach, Onslow County Date: January 14, 2015 Consistency Determination: This project appears to be consistent and not in conflict with the North :Topsail Beach Land Use Plan update. The applicant is proposing to install a gravel parking areas with handicap accessible walkways to provide public access to the beach.. The project is located 4030 Island Drive, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Areas of Environmental Concern (AEC's) impacted by the proposal are OH. Waters at the site are classified as SB and are not open to the harvesting of shellfish. The area is not a primary nursery area. I have reviewed this proposal for consistency with the North Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Residential. In general, the North Topsail Beach Land Use Plan allows development in Residential classified AECs which is consistent with the State's minimum use standards. The North Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. Provided all other local, state and federal requirements can be met, this project appears to be consistent with the North Topsail Beach Land Use Plan Update. Cc: File CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 James A. Lewis, P.L.S. L-4562 Kenneth E. Johnson, P.L.S. L-4925 Business License: C-730 September 9, 2014 Mr. Jason Dail NCDENR Division of Coastal Management Wilmington, NC Dear Mr. Dail, Land Surveyors 502 NEW BRIDGE STREET P.O. Box 1570 JACKSONVILLE, NORTH CAROLINA 28541 TELEPHONE: (910) 455-0877 E-MAIL: ri-,p_sland@bizec.rr.com Please find enclosed the following for Town of North Topsail Beach — Site 3: 1. Twenty six (26) copies of the Site Development Plans 2. One (1) adjacent Riparian Property Owner Statement —Site 3 If you have any questions or require additional information please contact me at any time Respectfully, Ken Johnson, PLS Wilmington Office: 101 Scotts Hill Loop Road Wilmington, N.C. 28411 (910) 681-7444 n MINE 4_ Filename: NTB PARKING-26 plan copies- CAMA site 3 .docx SEP 0 9 Z014 Page 1 Ptga] of 2 i Xi W2065 AIE465 Tax ID: 769-9.1 oG OSLO 'UM,e7y2UAa1 L A� siloo. oo fl" Tax Real WI � Exeles Tax y, NORTH CAROLINA SPECIAL WARRANTY DEED Excise rax'.E /. /d 0� Parcel ldmu er No. Verified by County on the_ day of 20_ Wvisoa to: L� L This tinsmoomt was prepared by: Dickson McLean, Jr., Attarsway at lass, Ltmbertun. RC Briefdocription fro the. index: THIS DEED made this let day of July , 2o03, by and between GRANTOR IrRMU IRPESTKIMrS, INC., a Borth I TOPSAIL BEACH. LLC Carolina corporation (successor by sII erger to R 6 B Zaveetmea[e, Inc.) The designation Granter and Grantee as used herein shall include said parties, their heir, successors, and assigns, and shall include t angular, plural. masculine, feminine or matter as required by context. WITNESSETN, that the Grantor, for a valuable consideration paidby the Grantee, the melptofwh'v:h ishcrebyulmowiedgcd,hasmJ 4 bythese prerenu dean grant. bargain, sell and eonveywtothe Grantee in fee simple.all thatcertain term pawl ofWW sinared in the z City of. Sump Sound Township, Oaelass County. North Carolina and more particularly described as 4 follows: Aal th.t C2rcalu t-Avi 0i Llmd v_mtRSOins t£tr_r see, a lees, (iacludisa right of way of M. C. Righuny 210) sad coutaiaiag about 5.27n P ` acres, sure or lees, (oat of rUbt of way of Y. C. Righwy 210), described In deed recorded is Boot 667. Naga 553'e ]Aos�Coas�tr LWAL_8tp_4the description of said , n:.nne,vP.r hel n.. SAP 0 3 2014 RECEIVED OCT 01 2014 DCM-MHD CITY Book: 2065 Page, 1977-Current: 465 Seq: 1 SON2065 MOE466 TO HAVBANDYOHOLD theefomeldlotmpmeti ofImdend ailprivRfgSr%wdepprmten themmbeloiWngtoNaOmntee in fun simple. - And the Grenmreovemanu with the Grantee, that Grmsorhas done nothing to impair such title worattter reuivad, and Gmntor%Wu wmraat and defend the title against the lawful claims of all persons claiming by, under orthrough Greater, other than the following exceptions; IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as ofthe day and year rust above written. FREEMN INVIUMMS. INC. (eueceeeor by merger t!_JEWHYNmye) R & R Investments, Inc.) Stati;of onh'Cetolina-County of I the'undersigned Notary Public ofthe Cowry and State aforesaid, certify that personally uppe red below me this day and acknowledged the due exerutionofthe foregoing imm:mentforthepuryosesthe inexpreswi!.tVimcwmyhmdaedNotaeialstemporsealthfg_dayof My Commission Expires: Notary Public , 1, the undersigned Notary Public ofthe Countyand State aforesaid, unify that Robert B. IPrsr md--t r. tgr came before me thisday and acknowledged that_he is the t+asldeut of Freomau rmeo eat2C"Ix North Carolina IIR cotpomtiedvo inapplicable), and that by authority duly given and a the get of such entity, _he signed the foregoing instmmenfin,itArt"I behalf as its act and deed. Witness my hand and Notarial stamp or Seal, this l is day of July <ns 2b0: My Commission Expires. y' Stem of North Carolina- County of 1, the undersigned Natary Public ofthe County and State aforesaid, certify that . Witnasmybmdund Notmialsmmporseal,this_dayof .2C_. My Commission Expires Notary Public The imegoingCenificamis)of MARCIA F LINDSAY isrme first page hereof 14" a" a Register of Deals fat ONSLOW County By., ,. _ ------ Demay/Assistant-Register of Deeds NC Bar Association Fort No. 6 O 1977, 2002 James Williams & Cm, Inc. Printed by Agreement with the NC Bar Association - 1991 www.JamaWilliama.com aptwZ /Jcm SEP 0 3 2014 9r9 W4LWUNGTON, NC Book: 2065 Page, 1977-Current: 465 E Paae'1 of 3 - - - _ - .. -- ------ - Site 3; Tax ID: 769-4 \ eaeK394n�81S • • • . STATE OF NORTH CAROLINA ND IMVENtl6 COUNTY OF ONSLOW 1,97 S=111 —5 M 4: 00 -10,w097- THIS DEED, made this the I8th day of August, 1997, by and between NORTH TOPSAIL BEACH MOTEL LLC, a North Carolina limited liability company, party of the first pan, and R. A. JEFFREYS DISTRIBUTING COMPANY (formerly Jeffreys Beer and Wine Company), a North Carolina corporation, ply of the second part; i WITNESSETH: THAT WHEREAS, the party of the First pan is indebted to the party of the second part and desires to satisfy and discharge said indebtedness by the conveyance of the land hereinafter ! described; and WHEREAS, the party of the second part has agreed to accept this deed in satisfaction and t discharge of all indebtedness owed to it by the party of the first pan; NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars (SI0.00) and other valuable considerations paid by the party of the second part to the party of I the fast part, the receipt of which is hereby acknowledged, the party of the first pan does hereby • grant, bargain, sell and convey unto the party of the second pan, its successors and assigns, those �. certain lots or parcels of land situated in Onslow County. North Carolina• defined and described as follows: 1. Those certain lots or parcels of land situated in Stump Sound Township, Onslow County, North Carolina, and being more particularly described as follows: BEING all of that portion of Lots 3, 4, 5 and 6 that lies between the Northern right of way line of New NC Highway 210 and Heath Creek as shown on Map 02 of the Division of and being the sarrne lots conveyed to North Topsail Beach Motel LLC by clecd .iawd February 18, 1994 which deed is recorded in Book 1167 Page 294 in the Onslow County Registry. i Unsiow County, North Carolina, and ceing more particularly described as ionows: i II t8% tiiviNi !Nu at w, uo,i niakt ill We Suu111tin C1gM of e<ay 111iE J 1. Islandcemp, Inc recorded in Map hook 31). Page sa in me unslow Cdumy line NC Highway 210 i t ll"krv; mimino thence with the Southern neht of wav of ! Non. 61 degrees /J minuted L!. sccurNs casi LiS feel W e u:r use^1 iud, ultiiee �-0 1 minutes 38 seconds East 151.89 feet to a set iron rod thence South 61 degrees 24 V.,rah; tgrn o7n'tP pm!_ t nn i �d in th, F stern tine of � j Lot 3 heremabove referred to: thence with the L•astem line of said lot Noah 30 .< 4* -. containing 0.95 acres, according to a reap prepared by Charles F'46. gb I OCT 01 2014 DCVM Mhu CITY ! 0�__ g cat• t 14"Ir• tzee to�7_r,,..ent. RIP G Page I or 3 g00KdJ9=gfLCE �d 0 -2- (b) Being all of that 2.62 acre parcel of land, a portion of Tract III, Hunter Heath Trust, as shown on a map recorded in Map Book 30, Page 33 in the Onslow County Registry, and also shown as Tract "B" on a map prepared by Charles F. }f Riggs & Associates, Inc. recorded in Map Book 31, Page 112 in the Onslow '0f County Registry. The above described lots or parcels of land being the same as conveyed to North Topsail Beach Motel LLC by deed dated September 14, 1994, which deed is recorded in Book 1204, Page 570 in the Onslow County Registry. The conveyance of the above land is made subject to easements, rights of way and restrictive covenants of record, and to 1997 ad valorem taxes. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the said party of the second part, its successors and assigns, to their only we and beboof forever. And the said party of the first part covenants for itself and its successors, to and with the said parry of the second part, its successors and assigns, that it is seized of said premises in fee and has a right to convey the same in fee simple; that the same are free and clear from all encumbrances, except as noted herein, and that it will warrant and defend the tide to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF. North Topsail Beach Motel LLC, a North Carolina limited . liability company, has caused this instrument to be executed by Bradley B. Minshew, Manager and Member, this the day and year first above written. NORTH TOPSAIL BEACH MOTEL LLC By: I'h�EAL) BmMcyX. Minshew, Manager and Member STATE OF NORTH CAROLINA COUNTY OF 0/ISI0,Z a Notary Public in and for said State and County, do heRW pe,rtify that BRADLEY B. MINSHEW, Manager and Member of NORTH TOPSAIL 11FACO AAOTEL LLC, a North Carolina limited liability company, personally appea-red before b Book:1394 Page,1977-Current:816 Seq:2 PM* I of z Site 3; 3 , Tax ID: 769-4. I� BOOK 1187PAGE 662 nnsMUMEENT E ENO y r'iei,aa,eu a+y: nw,a.i,:n, YIia.Sl'aU, W-'JUn i LAH1'!fN - ' �• II Parcel No; (� WARR71MMt DEED NORTH CAROLINA -- ONSLOW COUNTY ii I ISLANDCAMP, INC., a North Carolina Corporation, hereinafter referred to a9 GrAntmY. and 'MPRATT. AP_\P11 Tt/)_ s wnKF n. wall... Limited Liability Company, hereinafter referred to am Grantee:I I N I T N 9SS2TH: - -�( -That the Grantor, for a valuable consideration paid by thej ei Grantee, the receipt of which is hereby acknowledged, has and by 0 0�� Grantee, its _. successors and assigns, in fee simple, all that 0 tar.rala��: Onslow County, North Carolina, and more particularly described as STAMPS: follows: I L i:R'aaCR910Y � ePtiln Il. -.s � :.t„- - 14 �. ` crust and Islandcamp, Inc., dated October 9, 1993, prepared by joint use of the 10 foot Wooden Walkway Easement slonc the I iiyf«ay uu i:v "Ic iunq as Grantor ma.ntains the 1, �.it?o 1, tI Tn V�l,t` TMn Tn ,fain M\r mR.v._.___1 ...4 ...- .........�• _.? •. ♦ - ♦ I I 1;, all privileges and appurtenances thereto belonginq to the Grantee, P h 1.[• T $; its successors and assigns in fee simple. IN WTRLM:SS WHFPF,1P, the cranent a.3a rP.lnuA t}1tA S'tfh.^etERnf r(. n: be signed in its rornorate name by tts d0v eutRorizeA orr4cnre i L. and its seal to be hereunto arrixed by authority of its aoare of -ay 'T- year ilrsz a: :e RECEIVED f I s- \. OCT DCM#NN90W i i = J I. buliq 8 i I BY �'6ldent I • .__. �-.. �. CAittiLiNA it ONSLOW COUNTY I ffLL „ �• I. ��QnC-r[[ (�__✓i Jr�U �_____, a Notary Public in and Cy cun.-rd St;?t^., certify thgt ;'srl �:; •.�, Fick!: ' .came personally before me this dayand acknowledged that she is secretary of Islandcamp, Inc., a North Carolina corporation, and that by autiwrity duiy given and as the act of the 1- corporation, the foregoing instrument was signed in its name by I ' its President, sealed with its corporate seal and attested ' by him/her as its _ Secretary. h Witness ,-.y hand and official stamps or seal, this= day . I JL YY„CI a»v. • No ry Public ' my C-,%i',l i i STATE OF NORTH CAROLINA, ONSLOW COUNTY II � n`a;creae,ne certi_acazels: of -".- _,°'.••N-_-w_ 1 (are) certified to be correct. This instrument was presented for ' j registration this 10th day of June 19, at 12e98 P.M. ' A.A., P.N.; and duly recorded in the office of the Register of ' 662 f o�lmo 94 I . 11 This t,a clay , is. n i1 REGISTER OF DEEDBS, ASSISTANT, DEPUTY n ve TIN I p. II 11 11 if I' i1 1 Book: 1187 Page, 1977-Current: 662 Seq: y si & -S STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF WAYNE THIS LEASE AGREEMENT is made and entered into effective the first day of April, 2014, by and between TOPSAIL BEACH, LLC, a North Carolina limited liabilitycompany with its principal place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the "Landlord'), parties of the first part; and TOWN Ol NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town"), party of the second part; WITNESSETH: That whereas, Topsail Beach, LLC owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax PareelNumber769-9.1, which is a part of the real property described in the Deed recorded in Book 2065, Page 465 of the Onslow County Registry, and RAJDC Holdings, Inc. owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4, which is a part ofthe real property described in the Deed recorded in Book 1394, Page 816 of the Onslow County Registry, (said Tax Parcel Numbers 769-9.1 and 7694 hereinafter referred to collectively as the "Demised Premises"); and Whereas, there presently exists a beach access walkway and parking lot upon the Demised Premises; and 5EP 0 3 2014 RECEIVED DC;V1 VVIJ MI VGTON, iyc OCT 01 7914 -2- Whereas, the Town desires to lease the Demised Premises for use by the general public as a means of access to the beach and the ocean which adjoin the Demised Premises and for the parking of automobiles; Now, therefore, in consideration of the mutual covenants and agreements herein contained, Landlord does hereby rent and lease the Demised Premises unto the Town and the i Town does hereby accept the Demised Premises as the tenant of Landlord, upon the terms and conditions herein set out. TO HAVE AND TO HOLD the Demised Premises unto the Town, subject to the following terms and conditions: 1 (1) TERM. This lease shall begin on April 1, 2014, and unless sooner terminated, I shall exist and continue for a period of five (5) years through and including March 31, 2019. (2) TERMINATION BY TOWN. Notwithstanding anything to the contrary in this the Town shall have the right and option to terminate this lease without cause upon ninety days advance written notice to Landlord; and upon such termination, each party shall rm all of its obligations under this lease through and including the effective date of such (3) TERMINATION BY LANDLORD. Notwithstanding anything to the contrary in; his lease, Landlord shall have the right and option to terminate this lease without cause upon ninety (90) days advance written notice to the Town, provided that upon such termination, Landlord shall pay to the Town the percentage of the cost paid by the Town for capital improvements upon th('DemisedPfemisesing the term of this Leasebased upon the effective SEP 0 3 20A V)Ci+>"; W L UNGTON, IAA -3- date of termination of this lease as follows: Lease Year I = 100%, Lease Year 2 = 75%, Lease Year 3 = 50%, Lease Year 4 = 25%, Lease Year 5 = 0%, and Lease Years 6 and beyond = 0%; upon the express condition that the said payment by Landlord to the Town shall not exceed the amount of rent paid by the Town during the Lease Year of such termination by Landlord; and upon such termination, each party shall perform all ofits obligations under this lease through and including the effective date of such termination. (4) RENTAL. During the term hereof, the rental for the Demised Premises shall be the sum of Twenty Five Thousand and no/100 Dollars ($25,000.00) per year, payable in advance without demand, beginning on the date of this lease and continuing on each anniversary thereof. (5) PERMITTEDUSES. During the term hereof, the Demised Premises shall be used by the Town only for purposes of operating parking Iot ("Parking Facilities"), and for no other use or purpose without the Landlord's prior written consent, which shall be granted or withheld in Landlord's sole and subjective discretion. The Town is authorized to construct bicycle racks on the Property. The Tenant shall comply with all laws, ordinances, codes and regulations regarding the Property and the permitted use upon the Property. (6) TAXES AND ASSESSMENTS. During the term hereof, Landlord shall promptly pay any and all real estate taxes and assessments imposed or levied upon the Demised Premises by any public authority. (7) UTILITIES AND OPERATING EXPENSES. During the term hereof, the Town shall provide and promptly pay for any and al I utilities consumed or used in connection with the Demised Premises. The lack of availability of or failure of utility service shall not be deemed SEY 0 0 2014 1v 'Al PAS N'."s 01,3', RSC RECEIVED OCT 0 t ?W DCM MHD COY - a -constructive eviction. The Town agrees to pay all expenses associated with operating and maintaining theDemised Premises and the Parking Facilities, including landscape maintenance, i trash, rubbish and debris removal, general maintenance, insurance and other charges imposed by law or against the Demised Premises as part of the Town's obligations hereunder. (8) PERMITS. During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities. (9) INSURANCE. During the term hereof, the Town shallmaintain and promptlypay all'! premiums for public liability insurance coverage upon the Demised Premises with such company as is approved by Landlord. Such public liability policy shall name both Landlord and the Town as insureds and have limits of at least Five Hundred Thousand Dollars ($500,000) for k injury or death to any one person, One Million Dollars ($1,000,000) for any one accident, and i One Hundred Thousand Dollars ($100,000) with respect to damage to property. Such policy shall provide for at least ten (10) days prior notice to Landlord of cancellation. The Town shall provide Landlord with written verification of such policy and payment of all premiums. (10) LANDLORD NOT LIABLE FOR DAMAGES OR INJURIES. Landlord shall not be responsible to the Town or to any other person, firm, partnership, association or corporation for damages or injuries by virtue of or arising out of any condition or use of the i DomisedPremises orby virtue ofearthquakes, riots, windstorms, overflow ofwater from surface drainage, rain, water, fire, or by the elements, or acts of God, or by the neglect of any person, firm, partnership, association or corporation. 0 3 20% l`scm' GNic -5- (11) INDEMNIFICATION OF LANDLORD. The Town agrees to indemnify and save Landlord harmless from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorney's fees, by or on behalf of any person, firm or corporation, arising from the conduct of any activity or thing whatsoever done on the Demised Premises and will further indemnify and save Landlord harmless from and against any and all claims arising during the term ofthis lease from any condition ofthe Demised Premises, which condition was known to the Town, or in the exercise of reasonable care should have been known to the Town, or arising from any act ofnegligence ofthe Town, or any of their agents, employees, servants, sub -lessees, licensees or invitees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring in or on the Demised Premises, from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and the Town, upon notice from Landlord, covenants to defend such action or proceeding by counsel satisfactory to Landlord, at the expense of the Town, provided that any counsel prescribed by an insurance carrier of the Town shall be deemed counsel satisfactory to Landlord. (12) SIGNS. The Town may place, erect and maintain only those signs on or about the Demised Premises which have been approved by Landlord and which are in compliance with all applicable laws and regulations. The Town shall pay for installing, maintaining and removing any such signs and shall repair all damage caused by the installation or removal of such signs. (13) TENANT'S ACCEPTANCE AND USE OF DEMISED PREMISES. The Town has inspected the Demised Premises and agrees to accept the Demised Premises in its existing SLY 0 3 M4 RECEIVE® DCM M8.M6i' GTO!v, NC, OCT 01 IMA DCMMkIIDOR M condition. The Town may use the Demised Premises only for the purpose of providing to the generalpublic a means ofaccess to the beach and the ocean which adjoin the Demised Premises an&the parking of automobiles for persons using the said public beach and ocean. (14) OBSERVANCE OF LAWS AND ORDINANCES. The Town willabidebyand obey the laws of the United States, the State of North Carolina, and all laws, ordinances and regulations of Onslow County and the Town which may affect or relate to the use or occupancy of the Demised Premises. t (15) CLEANLINESS. The Town shall at all times keep the Demised Premises in a reasonably clean, neat and orderly condition and shall keep the entry -ways adjoining the Demised Premises reasonably clean and free from rubbish and dirt. The Town willnot make or suffer any waste of the Demised Premises or permit anything to be done in or upon the Demised Premises creating a nuisance thereon. (16) DAMAGE OR DESTRUCTION BY CASUALTY. If the Demised Premises shotild be damaged or destroyed by any casualty, Landlord shall have the right and option to cancel this agreement without any liability or obligation to the Town. f (17) LANDLORD'S ENTRY. Landlord shallhave. the right to enterupon the Demised Premises at all reasonable times during the term of this lease for the purposes of inspection, maintenance, repair and alteration, and to show the same to prospective tenants or purchasers. i (18) ASSIGNMENT BY TENANT. The Town shall not assign this lease or sublease the Demised Premises without the prior written consent of Landlord which consent shall be in Landlord's sole discretion, nor shall the Townpermit occupancy ofthe DemisedPremises by any SEY 0 3 2014 -7- other party except in connection with the Town's use and occupancy of the Demised Premises as a Parking Facility (ie., allowing automobiles to be parked on the Demised Premises for a fee). (19) TENANT'S ALTERATIONS. As of the date of this Lease, a crosswalk and parking lot is situated upon the Demised Promises. The Town covenants and agrees not to make, or permit to be made, any alterations, improvements or additions of any kind to the Demised Premises, including, but not limited to, the erection or installation of any building or structure, except with the prior written consent of Landlord which consent shall be in Landlord's sole discretion. All alterations, improvements and additions to the Demised Premises shall be made in accordance with all applicable laws and shall become the property of Landlord and be surrendered with the premises at the termination of this lease. Ifprior to the termination of this lease, or within fifteen (15) days thereafter, Landlord in its sole discretion so directs, the Town shall premptlyremovethe additions, improvements, fixtures, and installations which were placed upon the Demised Premises by the Town and which are designated in said notice and repair any damage occasioned by such removal, and in default thereof, Landlord may effect said removals and repairs at the Town's expense. In the event of making such alterations, improvements, and/or additions as herein provided, the Town shall indemnify and save harmless Landlord from all expense, liens, claims, or damages to either persons or property arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. (20) REPAIRS. The Town shall maintain the Demised Premises in good condition and shall make all repairs to the Demised Promises which shall become necessary during the term hereof. In the event The Town fails to make such repairs in a timely manner, Landlord may gr aca;: F a VV �. ��,� SEP 0 03 2014 RECEIVED OCT 01 M4 -,"'Afi t,°Ji1.iv9INGTt7N NC DCM-M00" _8_ i make such repairs and shall be reimbursed for same by the Town. No changes of a structural i nature shall be made to the Demised Premises without the prior written consent of Landlord, i which consent shall be in Landlord's sole discretion. (21) TITLE OF DEMISED PREMISES. The Demised Premises are let subject to the state of title thereof existing as of the commencement of the term of this lease, to any state of facts which an accurate survey or physical inspection shall show, to all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in i effect or hereafter adopted by an governmental authority having jurisdiction and in their then existing condition withoutrepresentationorwarrantybyLandlord, exceptLandlordwarrantsthat it l.as good and marketable title to the Demised Premises, free and clear of all encumbrances, except real estate taxes for the current year, easements and restrictions of record, and Deeds of Trust of record in the Onslow County Registry. (22) QUIET ENJOYMENT. Except as provided herein, Landlord covenants and agrees that the Town, by paying the rents herein reserved and observing, keeping and performing i thecovenants herein contained shall and may peaceably and quietly have, hold, occupy, possess i and enjoy the Demised Premises for and during the full term of this lease. (23) HOLDING OVER. Any holding over after the expiration ofthe term of this lease, with the consent ofLandlord, shall be construed to be a tenancy from month to month at the rent I herein specified (prorated on a monthly basis) and shall otherwisebe on the terms and conditions i herein specified, so far as provided. 5ET 0 3 20% s)Civi. `MLiV"sO 9ON, itiC -9- (24) EXPIRATION OF LEASE. The Town covenants and agrees to take good care of the Demised Premises and upon the termination or expiration of this lease, including any extension thereof; to surrender the said Demised Premises in as good a condition as it is in at the beginning of this lease, ordinary wear and tear excepted. (25) DEFAULT AND FORFEITURE. The Town shall be in default of this Lease (i) if the Town shall fail to pay any installment of rent when due and shall fail to remedy such default for a period of ten (10) days after notice from Landlord or (ii) if the Town shall fail to comply with any of the other terms, conditions or provisions ofthis lease and shall fail to remedy such default for a period of thirty (30) days after notice from Landlord or (iii) if the Town abandons the Demised Premises. Upon such default, Landlord may declare this lease terminated and take possession ofthe Demised Premises without prejudice to other legal rights and remedies including the right to recover from the Town all rent and other sums due under this Lease up to the time of such entry. In the event of any such default and possession and entry by Landlord, Landlord may ro-let such Demised Premises for the remainder of said term for the highest rent obtainable and may recover from the Town any deficiency between the amount so obtained, as well as all necessary and incidental expenses in connection with such re -letting, including without limitation, all repossession costs and legal expenses. Said entry and re -letting by Landlord shall be without prejudice to Landlord's other legal rights and remedies. (26) BANKRUPTCY. In the event that the Town shall be adjudicated as bankrupt or a temporary or permanent receiver is appointed for the Town in any federal or state court or the Town shall otherwise become involved in insolvency or liquidationproceedings, Landlord shall � r C: r # + RECEIVE[ SEP 0 3 2014 OCT b DCAMOeuny Q1Y -10- have the right and option, to immediately declare this contract and lease null and void and take possession of the Demised Premises without prejudice to any other legal rights and remedies. (27) NON -WAIVER. The failure of Landlord or the Town to enforce strict performance on the part of the other party with respect to the obligations of either of them under this lease shall not be deemed to be a waiver of the rights herein set forth and the same continue and remain in full force and effect. The receipt of any rent by Landlord from the Town shall not operate as a waiver of the right of Landlord to enforce the payment of additional rent due under this agreement or any of the other obligations of this lease by such remedies as may be 1 appropriate. 1 I (28) CONDEMNATION. If all or any part oftheDemisedPremises isacquired byany public authority having the statutory power of eminent domain or by private purchase in lieu of condemnation, Landlord shall be entitled to all payments for damages against such condemning a+ority for the taking of its property rights. If part of the Demised Premises shall be acquired by,`' condemning authority and the part taken is not sufficient to materially affect the use of the Demised Premises by the Town, the rental hereunder shall not abate. If all or such a substantial part of the Demised Premises is acquired so that the Town can no longer reasonably use the i Demised Premises, the Town may, at its option, terminate this lease. (29) SUBORDINATION. The Town will, upon request by Landlord, subject and subordinate all or any of its rights under this lease agreement to any and all mortgages and deeds of trust hereafter placed on the Demised Premises are a part; provided, however, that the Town will not be disturbed in the use or enjoyment of the Demised Premises so long as it is not in I SC 0 3 2014 J ;.If1! ai41, NCC- default hereunder. The Town agrees that this lease agreement shall remain in full force and effect notwithstanding any default or foreclosure under any such mortgage or deed of trust and that it will attorn to the mortgagee, trustee or beneficiary of such mortgage or deed of trust and its successors or assigns and to the purchaser or assignee under any such foreclosure. The Town will, upon request by Landlord, execute and deliver to Landlord or to any other person designated by Landlord any instrument or instruments required to give effect to the provisions of this paragraph. (30) RIGHT OF FIRST REFUSAL. If during the term of this Lease or any extension thereof, the Landlord shall receive a bona fide offer to purchase the Demised Premises, which is acceptable to Landlord, the Landlord agrees that the Town shall have and is hereby granted an option to purchase the Demised Premises upon the same terms and conditions thereof, and that the Town may exercise its option to purchase said property at any time within thirty (30) days after notice of such bona fide offer is given to the Town. Ifthe Town shall elect to exercise such option, the Town shall do so by giving notice in writing to the Landlord within such thirty (30) day period and a contract of sale containing said terms and conditions shall be executed by the parties and closed within thirty (30) days thereafter. Upon the failure ofthe Town to exercise the option within said thirty (30) day period as provided in this article, then the Town's option to purchase shall terminate and the Landlord may sell the Demised Premises to such third party upon the said terms and conditions, provided that such sale shall not relieve or release such third party from abiding by the other terms and conditions of this Lease. � , s RECEIVED OCT 01 2014 SEP 0 3 20% DCM-MHD CITY 1---,v, }AM9`JalOG-ff—)N, N(q -12- (31) TRANSFER OF LANDLORD'S INTEREST. In the event ofthe sale, assignment or transfer of the Demised Premises by Landlord to a successor in interest, who expressly assumes the obligations of Landlord hereunder, Landlord shall thereupon be released or discharged of all of its covenants and obligations hereunder, except such obligations as shall have accrued prior to any such sale, assignment or transfer and the Town agrees to look solely to such successor in interest of Landlord for performance of such obligations. (32) NOTICES. Any and all notices given in connection with this Lease Agreement shall be deemed adequately given only if in writing and addressed to the party for whom such noticj es are intended at the address set forth below. Al] notices shall be sent by personal delivery, FedEx or other ovemight messenger service, or by first class certified mail, postage prepaid, I return receipt requested. A written notice shall be deemed to have been given to the recipient i party on the earlier of (a) the date it is delivered to the address required by. this Agreement; (b) i the date delivery is refused at the address required by this Agreement; or (c) with respect to notices sent by mail, the date as of which the postal service indicates such notice to be undeliverable at the address required by this Agreement. Any and all notices referred to in this i Agreement, or that either party desires to give to the other, shall be addressed as follows: For Landlord: Topsail Beach, LLC and RAJDC Holdings, Inc. Attention: Robert A. Jeffreys, Manager I President i 2026 U.S. Highway 70 West Goldsboro, N.C. 27530 For the Tenant: Town Manager Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 r1;[J SEP 0 3 2014 -13- Any party hereto may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. (33) NATURE AND EXTENT OF AGREEMENT. This instrument contains the complete agreement ofthe parties regarding the terms and conditions ofthe lease ofthe Demised Premises and there are no oral or written conditions, terms, understandings or other agreements pertaining thereto which have not been incorporated herein. This instrument creates only the relationship of lessor and lessee between the parties hereto as to the Demised Premises and nothing herein shall in any way be construed to impose on either party hereto any obligations or restrictions not herein expressly set forth. (34) MODIFICATION. Any changes or modifications of this Lease must be in writing, and signed by the parties hereto. (35) WAIVER. No delay or failure by either party to enforce or exercise any rights or remedies hereunder shall constitute a waiver of such right or remedy, nor shall any single or partial exercise ofa right or remedy preclude any other of further exercise ofrights and remedies. (36) GOVERNING LAW. This lease shall be governed by, construed and enforced in accordance with•tha.laws ofthc State of.No.ftC.arolina: (37) BINDING EFFECT. This lease agreement shall be binding upon and shall inure r,.-. ':n,"j:a.. to the benefit of the. �.,rt,e,s hereto and their respectivesuccessors and assigns. SEP 0 3 2014 RECEIVED OCT 01 1014 AliLn.0il3GTON, NC DCM-MHDCITY -14- IN WITNESS WHEREOF, the parties hereto have executed this lease agreement, in duplicate originals, this the day and year first above written. TOPSAIL BEACH, LLC (Landlord) By: �� Uctrn (Seal) Ellen ys bland, Member/Manager RAJDC HOLDINGS, INC. (Landlord) F By; ?114(Seal) Robert A. Jeffreys, P i TOWN OF NORTH TOPSAIL BEACH (Tenant) c By: ' (Seal) Mayor ad In the manner required and FlsealControlAct Date n r�sC.EV E i 4)C=A NC 5;4,3 STATE OF NORTH CAROLINA AMENDMENT OF LEASE AGREEMENT COUNTY OF WAYNE THIS AMENDMENT OF LEASE AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into effective the first day of April, 2014, by and between TOPSAIL BEACH, LLC, a North Carolina limited liability company with its principal place of business in Wayne County, North Carolina, and RAJDC HOLDINGS, INC., a North Carolina corporation with its principal place of business in Wayne County, North Carolina, (hereinafter referred to collectively as the "Landlord'j, parties of the first part; and TOWN OF NORTH TOPSAIL BEACH, a North Carolina municipal corporation, (hereinafter referred to as the "Town'), party of the second part; WITNESSETH: WHEREAS, Landlord and Town entered into that certain Lease Agreement (hereinafter referred to as the "Lease') dated April 1, 2014, concerning the real property therein described; and WHEREAS, Landlord and Town desire to amend the Lease as set forth below; NOW, THEREFORE, based upon the premises and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant covenant and agree that the Lease is amended as follows: (1) DEMISED PREMISES. Topsail Beach, LLC owns that certain real property located on Island Drive, North Topsail Beach, Onslow County, North Carolina, being Tax Parcel Number 769-4.3, which is described in the Deed recorded in Book 1187, Page 667 ofthe Onslow County Registry, and said Tax Parcel Number 769-4.3 shall be included along with Tax Parcel Numbers 769-9.1 and 7694 in the definition of the "Demised Premises" in the Lease. (2) RENTAL. During the term hereof, the rental for the Demised Premises shall be the sum of Twenty Eight Thousand and no/100 Dollars ($28,000.00) per year, payable in advance without demand, beginning on the date ofthis lease and continuing on each anniversary thereof. (3) BINDINGEFFECT. The provisions of this Amendment shall be binding on and inure to the benefit of the parties, their legal representatives, heirs, successors, and assigns. (4) WHOLE AGREEMENT. This Amendment contains all of the agreements and representations between the parties concerning the amendment of the Lease. None of the terms of the Lease shall be waived or further modified to any extent, except by written instrument signed and delivered by both patties. Except as amended by this Amendment, the Lease shall be and remain in full force and effect. RECEIVED SEP 0 3 2014 OCT 0120# DCM WHD CITY NIC (5) GOVERNING LAW. This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. IN TESTIMONY WHEREOF, the parties hereto have caused this Amendment to be duly executed, effective as of the day and year first above written. TOPSAIL BEACH,)jLC. (Landlord) 0 RAJDC HOLDINGS, INC. (Landlord) By; ( >V( (Seal) Robert A. Jeffreyvpzwent TOWN OF NORTH TOPSAIL BEACH (Tenant) By: Am (Seal) Mayor This Inslmmenl has been preaudited In the mannerrequtred I byThe Local Govemment Budget and Fiscal ConlmlAcl, I Govemmental Unit finance Officer Date __ o 1f I a-8 I as I Y (signature ( reaudil Gerfficate must be dated.) SEP 0 3 2014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of North Topsail Beach — Parking Area Project (Site #3) 2. LOCATION OF PROJECT SITE: The project site is located at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index —2006: 28-(6491): Q, R, 8-11 2000: 28-(384): R, 7-11 1995: 28-(371): R, S, 11-15 State Plane Coordinates — GPS File: N090410A X: 2467724 Y: 269026 Lat.: 34025148.32"N Long: 77°26'47.25"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/4/14 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Complete 9/9/14 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — Developed (B) AEC(s) Involved: OH, (C) Water Dependent: No (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing —Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Unimproved parking area and structural access walkway(s) Planned — Proposed parking area and beach access walkways (including ADA access) (G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLED OTHER (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water (C) Other (Highground) 64,096 sq. ft. (1.471 ac.) disturbed for parking lot creation (D) Total Area Disturbed: 1.471 (64,096 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant is proposing to install a gravel parking area and a handicap accessible beach access walkway with amenities. RECEIVED OCT 01 2014 DCM-MHD CITY Town of North Topsail Beach Parking Area Project (Site#3) Date: September 9, 2014 Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, at 4030 Island Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. To get to the site from Wilmington take US HWY 17 N to Old Folkston Road (State Road 1518 which is approximately 4.0 miles past Holly Ridge). Continue along Old Folkstone Road until you reach the four way stop light at the intersection of Old Folkston Road and NC Highway 210. Turn right onto NC Highway 210 and travel approximately 3.9 miles. The project site will be located on the left hand side of the road, just beyond the St. Maritz condominium complex and across from Rogers Bay Campground. St. Moritz borders the project area to the north, residential properties border the site to the south, the Atlantic Ocean Borders the site to the east and NC Highway 210 and Rogers Bay Campground border the site to the west. The project area would span a distance of approximately 820 linear feet along the oceanfront. The current elevation of the project area ranges from approximately 1' at Normal High Water to approximately 8' at Normal High Water. The highground portion of the property is primarily vegetated with native scrub vegetation and beach grasses including, but not limited to: American Beach Grass, Sea -Oats, Bitter Panicum and Sea -shore Elder. Historically, the subject property has been used as a parking area by tentants of the Rogers Bay Campground as well as the general public, and although unimproved, the site is still being utilized for parking. In addition, two public beach access walkways exist on the site, one on each end of the property. According to information presented by the applicant, the Town of North Topsail Beach has entered into a 5-year lease agreement with Topsail Beach, LLC and RAJDC Holdings, LLC (Property owners). The lease agreement (copy of which is included herein) would effectively expire or terminate on, or prior to March 31, 2019. At . which time, the lease may be renewed or suspended. Permitted uses on the three tract parcel (i.e. subject property), include the operation of a Town run parking lot or "Parking Facility", as it is referred to in Section (5) of the lease agreement, with no other uses or purposes without the Landlord's prior written consent. Additionally, Section (8) of the lease agreement states "During the term hereof, the Town will apply for, pay for and keep current all permits and licenses required for the lawful operation of the Parking Facilities". The annual erosion rate for this particular area of North Topsail Beach is 2.0'/year, based on the Division of Coastal Management's 2011 Annual Erosion Rate maps. Studies indicate the shoreline in this area could move as much as 260' in a major storm event and flood waters could be as much as 14' deep. The Town of North Topsail Beach's Land Use Plan classifies this area of North Topsail as Mixed Use Business. The waters (Atlantic Ocean) of the project site are classified as SB by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of the Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to instal vel arking area and beach access walkway within the project boundary. As designed, the gravel parking area would provr e parking for up o (75 proposed parking spaces + 26 existing spaces). Additionally, the project consists of the' —construction of a restroom acility bii "wk,—our& nh-o�vaterspiget-and-a-hu icap-accessible 1»ne crossover (i a structural access walkway). Town of North Topsail Beach - Parking Area Project (Site#3) Date: September 9, 2014 Page Two The parking area(s) would consist of a combination of ABC stone and gravel. A new driveway connection to an existing public NCDOT street (Island Drive) would have asphalt aprons, and gates would be installed at the entrance/exit points to prevent after-hours access. As proposed, the existing parking lot entrance would be relocated to align with the entrance to the Roger's Bay Campground entrance, which would be located along the southern end of the project boundary. Here, the applicant proposes to install a 10' x 10' wooden deck with water spigot and two portable toilets. A second entrance/exit point would be constructed around the central portion of the property boundary and it too would consist of an asphalt drive with aprons. A gate would also be installed at this access point. The applicant proposes to leave the existing asphalt drive in place and cover the area with gravel, with the exception of a small patch of asphalt located along the northern project boundary. Here, the applicant proposes to remove the existing asphalt and install vegetation to provide a "buffer" between the proposed parking area and the St. Moritz condominium complex. In addition, a 25' wide vegetative buffer would remain in place and would separate the proposed parking area(s) from NC Highway 210. The existing asphalt drive referenced above is approximately 10' (w) x 660' (1) and spans the eastern portion of the property, just landward of the toe of the dune. The applicant states that the existing dune crossover near St. Moritz, which is used by Roger's Bay Campground, would not be incorporated as a pedestrian access walkway for the new parking area and would be "blocked" by the installation of a vegetated buffer. In addition to the other security and preservation features, the applicant proposes to install a 4' tall picket fence around the entire perimeter of the parking area. The fence would be used to prevent foot traffic and any other unnecessary access up and over the dune system. Lastly, the applicant proposes to install a handicap accessible beach access walkway along the eastern property boundary. The walkway would be centrally located and would span from the parking area to the dry sand beach. Two portable toilets would be installed in the parking area near the entrance to the walkway, as would a trash receptacle. The walkway would be approximately 6' wide and would span a distance of approximately 90' across the dune. Steps would be constructed along the southern side of the handicap ramp to allow for pedestrian access. A flat 6' x 12' platform would be located in the middle of the walkway, which would allow for viewing/observation. As designed, the ramp would "zig-zag" in a north/south direction to obtain the appropriate grade/slope required for ADA accessibility. Adjacent to the handicap access, the applicant proposes to install a 10' x 10' wood deck with shower spigot for rinsing. The proposed bike storage would be �� e directly across from the proposed handicap access, on the opposite side of the gravel drive. OCT 01 2W 10. ANTICIPATED IMPACTS DCM-MHD CITY The applicant's proposal, to construct a parking area with handicap accessible dune crossover (i.e. beach access walkway) and amenities, would disturb approximately 64,096 sq. ft. (1.471 acres) of high ground, all of which is located in the Ocean Erodible Area of Environmental Concern (AEC). As designed, no portion of the proposed project, with exception of the beach access walkways, would be located within the 60' setback, as measured from the First Line of Stable Natural Vegetation (FLSNV). In addition, it does not appear that any portion of the project, with exception of the beach access walkway, will impact the frontal dune, or dune vegetation thereon. The applicant has not yet obtained a Stormwater Permit for the proposed development; however, a Sedimentation and Erosion Control Plan has been approved for this project, under the authorization ONSLO- 2015-021, which was issued on September 4, 2014. Submitted by: Jason Dail Date: September 9, 2014 Office: Wilmington 'v y O a a ZN REC�VED q OCT 0h mm DCM-Mmo Coy `NT °0 NTB PAF KMG OVERALL Disclaimer- Onslo i, Ccunty.provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. 0 r- q1Fj r� q u, Printed:Jun 06, 2014 IN MFt APPUCATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of North Topsail Beach Town of North Topsail Beach Parking ite 3 Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 2008 Loggerhead Court North Topsail Beach NC ZIP Country Phone No. FAX No. 28460 USA 910-328-1349 ext. 910-328-4508 Street Address (d dllferent from above) City State ZIP N/A NIA N/A N/A - Email townmanager@north-topsail-beach.org 2. Agent/Comiactorinfonnation Business Name RECEIVED Charles F Riggs & Associates, Inc Agent/ Contractor 1: First Name MI Last Name cc) 11I Pro Charles F Riggs DCUiliiitioapy AgenV Contractor 2: First Name MI Last Name Ken E Johnson Mailing Address PO Box City State NIA 1570 1 Jacksonville NC ZIP Phone No. 1 Phone No. 2 28541 910 - 455 - 0877 ext. N/A 910 - 681 - 7444 od. N/A FAX No. Contractor # N/A N/A Street Address (d different from above) City State ZIP 502 New Bridge Street Jacksonville NC 28540 - Email dggsland@bizec.rr.com, charles.riggs@bizec.rr.com, k.johnson@bizec.rr.com � � <Form continues on back> SEP 0 3 2014 Form DCM MP-1 (Page 2 of 4) SITE 3: Town of NTB leases THREE tracts from RAJDC Holdings, Inc & Topsail Beach, LLC APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 4030 Island Drive NC Hwy 210 Subdivision Name City State Zip N/A North Topsail Beach NC 28460 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A- ext. 769-4.3,769-4. 769-9.1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of North Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 922 215487 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 3 TRACTS = 215487, NWL (normal water level) (If many lot sizes, please attach additional page with a list) a ®NHW or ❑NWL e. Vegetation on tract Sparse vegetation of grasses/shrubs on a sandy flat terrain with a very well defined, mature dune line separating the uplands from beachfocean. f. Man-made features and uses now on tract Existing gravel parking lot comprising approximately 200' of road frontage; existing parking lot has one wood beach walk over the dune access beach on south western portion; existing asphalt path running parallel to the ocean that connects both ends of the property; this was the original beach road before island was built. g. Identify and describe the existing land uses adiacent to the proposed project site. The project site is bounded to the north by Island Drive (NC Hwy 210 - public -asphalt) with Roger's Bay Campground across Hwy 210 and St. Moritz Condos, south and east by the Atlantic Ocean, northwest by single family residential lots. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B-1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? r 1f D <Form continues on next page> ar. 0 3 20111 r•(�a8a-4RCOAST' .: www. nccoastal ma nag ement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? ❑Yes SNo (ii) Are there coastal wetlands on the site? ❑Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewatertreatment facilities. Pluds, LLC sewer is available for all sites o. Describe existing drinking water supply source. ONWASA is available for all sites p. Describe existing storm water management or treatment systems. Low Density State stormwater permit for all sites; application is in process & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial SPublictGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The parking areas will provide both the residents and visitors to The Town of North Topsail Beach public access to the recreational facilities in the community including the beach. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Equipment utilized will be standard paving equipment to include back hoes, dump truck, rollers, etc. The project is of very short duration. During construction equipment will remain on -site with the construction area and mobilize away from site upon completion. d. List all development activities you propose. Installation of parking areas including spaces and drive paths using pervious and impervious gravel surfaces; wooden beachwalk ways for beach access. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 64096 SSq.FI or ❑Apes g. Will the proposed project encroach on any public easement, public accessway or other area [--]Yes SNo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No proposed discharges of water; stormwater runoff will infiltrate under the Low Density permit I. Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? ❑Yes SNo DNA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED OCT o x �,,U DCM-I%H Hp Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to propertyprepare the required items below. _ a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name St. Moritz Condo Association - Phone No. Address 1630 Military Cutoff Road, Wilmington, NC 28403 Name Duljan Elvis Phone No. Address 3540 W Mill Road, Hatboro, PA 19040 Name NIA Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed prolser ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Developmen = R ,f ft". D ❑DCM MP-4 Structures Information "' SEP 0 3 20A t ' 'eu94.. 1' tlV ii.. �431yi fiv 252-808.2808 :: 9.888.411COAST :: www.nccoastaimanagement.net SIIF_3 Form DCM MP-3 ' UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. I GENERAL UPLAND DEVELOPMENT I a. Type and number of buildings, facilities, units or structures proposed. 6 wide beach walk access with ADA handicap ramps c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? SYes []No ❑NA (it) If yes, list the date submitted: in process concurrently g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parting. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12.0 j. Describe proposed method of sewage disposal. Pluris, LLC has community sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). surface water and "wash down" area will infiltrate in the sand per state stormwater permit b. Number of lots or parcels. 3 leased tracts d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 64096 SF f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, ABC stone h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? SYes []No ❑NA (ii) If yes, list the date submitted: _in process Concurrently_ k. Have the facilities described in Item (i) received state or local approval? []Yes SNo ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes SNo ❑NA If yes, attach appropriate documentation. RECEIVED 4 - ,tqt 4Fti e<y i�i, OU 012014 DCM-MHD CITY 252-808.28082 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revs Form ®(GM MP-3 (Upland ®eve0opri Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) ONWASA-public system o. When was the lot(s) platted and recorded? MB 30, P 38 on 10/21/1993 (769-4.3) MB 31, P112 on 9/14/1994 (769-4) MB 18, P 18 pm 12/19/1977 (769-9.1) 8/25/2014 Date Town of North Topsail Beach Parking Site 4 Project Name Town of North Topsail Beach Applica / r Applicant Signatur44 n. (1) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? NIA p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA SAP 0 3 20M 252-808.2308 :: I.888.4RCOAST :: www.necoastaimanagement.net revised: 12126/06 CAMA site 3 PROJECT NARRATIVE MAJOR CAMA, NC STATE STORMWATER & EROSION AND SEDIMENTATION CONTROL PLAN TOWN OF NORTH TOPSAIL BEACH PARKING AUGUST 2014 On behalf of The Town of North Topsail Beach, Charles F. Riggs & Associates, Inc. submits this narrative for all permits , Division of Coastal Management's Major CAMA, NC State Stormwater Management and Erosion & Sedimentation Control Plans pertaining to the construction of new parking lots in the North Topsail Beach area. General Project Overview: The Town of North Topsail Beach proposes to create new and expand existing parking capacity on four non-contiguous sites along Hwy 210 (Island Drive), New River Inlet Road and River Road in Onslow County. Site # 1: 3.47 Acres, terminus of River Road, (town owned) Site # 2: 11.308 Acres, across from Town Hall building on New River Inlet Road, (leased) Site # 3: 4.947 Acres, across from Rogers Bay Campground on Island Drive., (leased) Site # 4 - 0.35Acres, 0.3 Miles north of Second Avenue on Island Drive, (town owned) Two sites are owned by Town of North Topsail Beach and the other two are on long term leases. The sites will vary in the use of asphalt, impervious and pervious gravels for parking areas. Each site will connect with a public road via a paved apron and will provide restroom facilities along with other amenities. Soil testing was performed by Land Management Group, Inc. (LMG) to ascertain the soil type quality for infiltration rates. A permit scoping meeting of May 19, 2014 determined a Major CAMA, State Stormwater and Erosion Control Permits were required for the development of the parking areas of the four sites. Sites 1, 2 & 4 would be allowed for an Express Major CAMA Permit and Site 3 would be handled as a Standard CAMA Permit. For Stormwater and Erosion Control Permits the sites will collectively be considered a common plan of development and the permit can be expressed. Water Quality is requiring testing and evaluations of the sites by a Licensed Soil Scientist for infiltration of the sub base where the pervious stone is to be placed in order to properly permit the stormwater as Low Density. Sites 1 & 4 have 404 wetlands and have been approved by the USACE. Site 4 has Coastal Wetlands as delineated by Jason Dail. NC DOT will require driveway permits on sites 2,3,4. The development sites have: c_ i. no known previous or existing stormwater management JE P ii. no known previous or existing erosion and sedimentation control permit RECEIVED 03 2014 OCT 01 IN DCM-MHD :CI1V iii. no known non-compliance issues with Onslow County or DENR Agencies iv. not been identified as a historic site V. public monies are used in the development Site 3: Existine Conditions: This is a leased site. A boundary and topographic survey has been performed including the field survey of necessary information required by the Division of Coastal Management. The existing site has 850' of road frontage is vacant of all structures except for an existing gravel parking lot comprising approximately 200' of road frontage; the remaining area consists of sparse vegetation of grasses/shrubs on a sandy flat terrain with a very well defined, mature dune line separating the uplands from beach/ocean. The existing parking lot has one wood beach walk over the dune access beach on south western portion; a wood beach walk is located on the northeast part of the property. The site has an existing asphalt path running parallel to the ocean that connects both ends of the property; this was the original beach road before island was built. The project site is bounded to the north by Island Drive (NC Hwy 210 - public -asphalt) with Roger's Bay Campground across Hwy 210 and St. Moritz Condos, south and east by the Atlantic Ocean, northwest by single family residential lots. Per LMG report, soil types on the project area are mapped as Newhan-corolla Urban Land Complex in the Soil Survey of Onslow County (USDA 1992). Actual soil borings confirm the soil to be a combination of hurricane over wash, gravel and coarse/fine loamy fill sediment over the Newhan soil series. Newhan soils are well to excessively well drained sandy fluvial marine sediments with rapid to very rapid infiltration. In areas north of the proposed beach walk, 1.5 to 2.0' of fill material will lessen infiltration. Infiltration rate of existing material was 14.25 in/hr and LMG recommended utilizing 7.13 in/hr for design purposes. Approximate Mean High Water Line (MHWL) was surveyed as F foot (NAVD88). The project is in Primary Surface Water Classification SB Proposed Improvements: The parking design proposes 75 new spaces in addition to the approximately existing 26 parking and complimentary amenities such as: restrooms with screening, bike rack, outdoor shower and water spigot for rinse down along with one wood dune handicap accessible ramp and dune crossover for beach access. The parking lot is combination of ABC stone (impervious) and pervious gravel. One new driveway connection to an existing public NCDOT street will have asphalt apron; gates will be installed to limit access to Town determined hours of operation. The existing parking lot entrance will be relocated slightly to align with the Roger's Bay Campground entrance road across NC Hwy 210 while the existing marked cross walk will remain unchanged. As much of the existing, stable and significant vegetation as possible along Hwy 210 will be undisturbed. The existing dune crossover near St. Moritz that is used by Roger's Bay Campground will not be incorporated as a pedestrian access for the new parking lot and will be blocked with new vegetation screeningibuffering. Any impervious surface will be divided by 2' narrow strips of pervious stone to limit the square footage of each area to less than 5000 square which eliminates the need to double the 60' small CAMA setback to 2 ,' 0 3 2014 120' large CAMA setback. The CAMA setback establishes extent and limits for new improvements similar to parking lots. Site is readily served by both ONWASA for water and Pluris for sewer. Public monies are used in the development. Approximate Mean High Water Line (MHWL) was surveyed as P foot (NAVD88). CAMA Permit: The topographic trap shows the established existing dune structure's toe -crest -toe. Being consistent with current practices in the area and experience, the approximate NHWL was established at 1' NAVD88. Division of Coastal Management reviewed the Riggs' flagging of the First Line of Stable Natural Vegetation which establishes 60' small structure CAMA setback. Erosion rate is less than 2 feet per year so the minimum setback of 60 feet is used for small structures since the impervious surfaces will be divided into less than 5000 square feet sections. Intent of site grading landward of the 60' small structure setback is "dune redistribution". Under Coastal Resources Commission's Ocean Hazard AEC, this project is deemed Ocean Erodible, High Hazard Flood and Inlet Hazard areas. Stormwater Permit: Stormwater is proposed as Low Density with sheet flow infiltrating in the sand adjacent to the asphalt parking and in the pervious stone strips. Requested geotechnical study was performed by a Licensed Soil Scientist and design infiltration rate of 7.13 in/hr is adequate to effectively infiltrate all nmoff on -site. V Erosion Control Permit: Erosion and Sedimentation measures will utilize Best Management Practices to prevent erosion into adjoining parcels and to assist the stabilization of the project site. The land disturbance will consists of removing the small bush and grading throughout the new parking and amenity area. The site is sandy and has rapid infiltration from V the soil type which will handle the stormwater runoff. All the seeding and monitoring requirements of General Permit NCG010000 will be followed. Also, the project timing will be 1-2 weeks with a very short duration of exposed soil. Erosion Control measures will include flagging the work area for protection of the wetlands and dunes. The short duration of the project and ground stabilization (asphalt or stone) will prevent sediment from leaving site d �. f'?; x ! s' '3 2014- 4L A ran`>"pt` NO ,al RECEIVED [31 OCT 01 IM4 DCM-mHp QOTI' #3 Name M Cape Fear River Basin Index Number Classification Class Date Descri lion I Special Designation All connecting drainage canals 18-64-7-1 C;SW 09/01/74 From source to Dans Creek Allen Creek (Boiling Springs Lake) 18-85-1-(1) (From source to Boiling Springs Lake Dam Allen Creek (McKinzie Pond) 18-85-1-(3) iFrom Boiling Springs Lake Dam to dam at McKinzie Pond, Lilliput Creek Alligator Branch 18-66-4 B;Sw C;SW C;SW 09/02/74 09/01/74 04/01/59 From source to Hood Creek Alligator Creek 18-75 SC;SW 04/01/59 From source to Cape Fear River Anderson Creek 18-23-32 C 04/01/59 (From source to Little River Angola Creek 18-74-33-3 C;SW 04/01/59 From source to Holly Shelter Creek Angola Creek 18-74-26-2 C;SW 07/01/73 From source to Cypress Creek Ashes Creek 18-74-34 C;SW 04/01/59 From source to Northeast Cape Fear River Atkinson Canal 18-29 C 09/01/74 [From source to Cape Fear River ___ Atlantic Ocean 99-(3) SB 04/01/59 The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that extends from ithe edge of the White Oak River Basin to the southwestern end of Smith Island at a point called Baldhead. Atlantic Ocean 99-(2) SB The waters of the Atlantic Ocean contiguous to that portion of the Cape Fear River Basin that extends from the eastern edge of the Lumber River Basin to the eastern end of Oak Island. 04/01/59 Avents Creek 18-13-(1) C;HQW 08/01/98 (From source to a point 1.3 miles upstream of Harnett County SR 1418 1 Avents Creek 18-13;,(2)ll ,. s i WS-IV;HQW 08/01/98 (From a point 1.3 miles upstream of Harnett County SR 1418 to Cape"Fear R SEP G 3 20111 W)CM UtiUflj�ir, Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 1 of 98